Terminating a Guardianship

Описание к видео Terminating a Guardianship

Darren Findling of The Probate Pro discusses the standard for terminating a guardianship in Michigan.

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This video is for educational purposes only and is not to be considered legal advice.
Please note that these communications are not a consultation with a lawyer about the possibility of forming a client lawyer relationship with respect to a matter and do not establish an attorney-client relationship. None of the information should be considered legal advice.

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I want to end this guardianship. Hi, I'm Darren Findling of The Probate Pro and we're going to cover this very tricky subject of terminating a guardianship once it's in place now remember a guardianship is a court imposed process in which the court appoints a fiduciary called the guardian to make sure that the care and well-being of the individual is provided for but the imposition of a guardianship really affects the person's rights who are under guardianship so often people would like to terminate that guardianship to no longer be under the imposition of a fiduciary guardian or the Court's involvement how do you do this it's done by filing a petition to terminate guardianship or by as simple as an informal letter to the court seeking for the end of that guardianship the court then triggers a court hearing in which there's an adjudication as to whether the guardianship is necessary now the court in a recent case applied the wrong standard the court used the standard of whether it's in the best interest of the individual who's under guardianship and the court of appeals in that particular case said no that's the wrong standard the standard that needs to be applied is the same standard for the creation of that guardianship which is clear and convincing evidence of the need for the guardianship so if somebody's seeking to petition for guardianship and I'm sorry to terminate the guardianship there's going to be a court hearing and at that court hearing it's very similar to what occurred at the beginning petition to establish the guardianship there has to be a determination clear and convincing evidence standard of the need for continuing the guardianship if you have questions about terminating a guardianship or any probate related matter visit us at theprobatepro.com or call us at 1-833 PROBATE.

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