Family Law Questions? Ask a Family Lawyer Online.
Thank you for contacting Just Answer. I look forward to assisting you.
While we write back and forth, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Sometimes I'm unable to read your entire question until AFTER I write back to you.
Although it's usually five minutes, sometimes there can be a delay of an hour or more in between my answers because I may be researching the answer to your question, helping other customers, or taking a break. If we are writing late at night, I may have to go to sleep and resume helping you the following morning.
I need the following information before I can answer your question:
Can you please tell me the reason for ending the guardianship?
I'll look forward to hearing from you,
Jane Doe Deer
The form (Petition to Dismiss from Guardianship) can be found here if you scroll down: http://www.sec.state.ri.us/library/probateforms/probate-index.html
The whole guardianship law is here: http://www.rilin.state.ri.us/Statutes/TITLE33/33-15/INDEX.HTM
There is no specific statute on a motion to dismiss. Just set up a hearing and file a motion, and use the form, above. If this is being done without an attorney, the judge will be helpful. Submit a doctor's statement that the guardianship is no longer needed and a declaration from the guardian stating his or her own observations and opinion that a guardianship is no longer needed.
Don't hesitate to write back if I've still missed part of the answer. I'm always happy to help!
You're welcome. Going to court is necessary. Guardianships are kind of strange animals. In most court matters, there are at least two sides - plaintiff and defendant, or petitioner and respondent.
That's not the case in a guardianship. So, courts take on the role of monitoring guardianships. In many parts of the country, if a guardian is late with a report, the court will summon the guardian to court on its own, to make a report.
A court both opens a guardianship and closes it. It's the only entity doing any monitoring of the guardianship (except in rare instances in which family members are keeping a close eye on things - that usually happens when a lot of money is at stake).
Take care, and it's really good news that you're involved with a guardianship that can be dismissed because a person recovered. Usually guardianships are dismissed and closed because the incapacitated person has died.