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Maverick, Lawyer
Category: Family Law
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Experience:  20 years of professional experience
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I am adopting my grandchild due to his mother's death. I am

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I am adopting my grandchild due to his mother's death. I am his legal guardian and I was appointed conservatorship. After the adoption I know I can motion for termination if the guardianship due to the adoption but can I also terminate conservatorship, and what are the statute regarding conservatorship after adoption? Thank You, Julie

Welcome to Just Answer! My name is***** give me a few minutes to review your inquiry. Thank you for your patience.

Here is the statute that applies. It appears that an adoption only terminates the guardianship based on this form. What this means is that adoption only coveys to the adoptive parent the right to make personal decisions for the protected person about such things as where to live, medical decisions, training and education, etc. The conservatorship, on the other hand, allows you to also make financial decisions for the protected person. If you want that terminated, you may have to apply on grounds that the minor has reached the age of adulthood; when this happens. This is why the form does not allow it automatically since there could have been someone other than yourself appointed as the conservator at the time you apply for adoption.

I did not find a NB statute that specifically speaks to what you asked for.

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Customer: replied 10 months ago.
No other person was appointed but myself. In regards ***** ***** financial desicions, as his adoptive parent I will be continuing to make his financial desicions so is there a way to petition the court for the termination? My issue is I am adopting him which he will be my legal child. In that why would I still have to be accountable to the courts if he will be my legal child? I don't mind completing the annual reports I am trying to understand the reasoning behind it. Thank you I look forward to your response. ....Can a judge terminate conservatorship if he so chooses with an adoption? Thank you again, Julie

I looked again for any NB law that speaks to this issue and after a diligent search again came up empty handed. It appears to me that as an adoptive parent, you would have the same rights as a birth parent with regards ***** ***** the child's finances. For this reason, you should be able to apply for termination of the conservatorship; but just type your own version of the form to ask for that relief. I am not finding anything that says you cannot ask for that type of relief from the court after adoption.

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Customer: replied 10 months ago.
Thank you, ***** ***** very helpful. I will motion the courts for termination of guardianship and conservatorship. My argument was if I am entrusted with his life and life decisions without being overseen by the courts than why wouldn't I be entrusted to his financial future. Thank you again. Julie

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