How does a guardianship end?

In Virginia, guardianships can end in multiple ways. Typically, a court or family can petition to have a guardianship end if the condition that necessitated it has improved. This must be based on a finding by a court that the individual is no longer in need of a guardian. At other times, a guardian may decide to end the guardianship. This may happen when the individual with the guardianship is no longer in need of one or when the guardian decides that they no longer want to be responsible for the individual. The guardian must submit a petition to the court that issued the guardianship and the court will decide whether to accept the petition. In addition, a court may decide to terminate a guardianship. For example, if the court finds that the guardian is not able to properly care for the individual or if the court finds that the guardianship is no longer necessary, the court may terminate the guardianship and appoint someone else to take over. Finally, a guardianship may end when the individual with the guardianship dies. In such cases, the court will appoint an executor to handle the individual’s estate. This executor will be responsible for overseeing the individual’s assets and distributing them according to the individual’s wishes.

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