How is a guardianship revoked?
In North Carolina, a guardianship may be revoked by filing a petition in court. The petitioner must certify that the guardianship is no longer necessary and must provide evidence of their belief. In some cases, the court may require a hearing on the matter. The court will also consider any objections from the guardian or other interested persons. A guardianship may be revoked if the court determines that the purposes for which it was granted no longer exist. It can also be revoked if the guardian no longer has the time, ability, or inclination to act on behalf of the ward. Additionally, the court may revoke the guardianship if the guardian is not complying with their duties as laid out by the court or is not making appropriate decisions on behalf of the ward. The court must also consider whether revocation of the guardianship is in the best interests of the ward. When considering this, the court will look at evidence such as the ward’s age and maturity as well as any objective facts that are relevant to the issue. This includes any objections offered by the guardian or other interested persons. Ultimately, the court must determine whether there are any reasonable alternatives to the guardianship that would better serve the ward’s needs.
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