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Jane Doe Deer
Jane Doe Deer, Lawyer
Category: Family Law
Satisfied Customers: 3864
Experience:  Atty. 24+ years; Plain English explanations of support, visitation, custody, etc.
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What are the steps you need to take to discontinue a Guardianship

Resolved Question:

What are the steps you need to take to discontinue a Guardianship for an adult in Rhode Island
Submitted: 5 years ago.
Category: Family Law
Expert:  Jane Doe Deer replied 5 years ago.

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

 

Customer: replied 5 years ago.
The person for which the guardianship was needed for is no longer sick. A medical letter for this person has been written to supprt discontinuation of the Guardianship.
Customer: replied 5 years ago.
The person for which the guardianship was needed for is no longer sick. A medical letter for this person has been written to support discontinuation of the Guardianship.
Expert:  Jane Doe Deer replied 5 years ago.
<p>That's great news! What needs to be done is to submit a motion to dismiss along with a final accounting if the guardianship includes financial management. </p><p> </p><p> </p><p>I'd be happy to answer follow-up questions. If you have none, please "accept" my answer.   </p><p> </p><p>Next time, ask for "Jane Doe Deer."</p><p> </p><p>I wish you the best. </p><p> </p><p>Jane Doe Deer</p><p> </p><p>P.S. Please click the "feedback" button after you accept. And I REALLY appreciate bonuses! </p><p> </p>
Customer: replied 5 years ago.
I understand that a motion to dismiss needs to be made. My question is what is the process once a motion to dismiss has been made. Is it as simple as signing paper work by the guardian or is more needed to be done. Each State has it's own laws regarding guardianship which I am sure that you are aware of. I am trying to find out what is needed in the State of Rhode Island to discontinue a Guardianship.

Thank you
Expert:  Jane Doe Deer replied 5 years ago.

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!

 

Jane Doe Deer

Customer: replied 5 years ago.
Thank you for your last response. I just have one more question. Is going to court necessary or can this be done out of court?

Thank you
Expert:  Jane Doe Deer replied 5 years ago.

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.

Jane Doe Deer, Lawyer
Category: Family Law
Satisfied Customers: 3864
Experience: Atty. 24+ years; Plain English explanations of support, visitation, custody, etc.
Jane Doe Deer and 3 other Family Law Specialists are ready to help you

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