A guardianship is a crucial legal tool that allows one person or entity to make decisions for another in the event that they become mentally or physically disabled. Common reasons to terminate a guardianship include death, a child reaching the age of majority, a parent returning to care for their child, the guardian is moving out of the state, or the protected person becomes competent enough to take care of their own affairs. • The Provincial Court of Alberta can hear most applications made under the Act, but certain applications have to be made in Court of Queen’s Bench. Sometimes, in order to be a healthy parent, people must go through a healing journey. You can petition the court to transfer guardianship if the child's parents or current guardians are unwilling or unable to care for the child, and if it would be in the child's best interests. File a petition by completing the proper paperwork and giving notice to all the people who were notified when the guardianship was first filed. Another reason the Alberta legislation falls short is that it does not protect the rights of the child. However, the two types accomplish that in different ways. This means that although the guardian now has custody and is responsible for raising the child, the parents are still the child's legal parents. Application for order to terminate agreement. Only the court has the power to terminate a guardianship agreement, and will generally do so if reversing the agreement is in the best interests of the ward. A copy of the notice must be served on all interested persons. A person is nominated by a guardian in a will or written document to replace the guardian in the event of his or her death (Section 22). The Alberta child protection legislation is the only legislation of its kind in Canada that restricts the reunification of families so significantly. Pursuant to the Act, any intervention must be done in a manner that minimally disrupts the child while preserving the family unit, in so far as possible. You may be out of the country on more than one occasion. The … A permanent guardianship generally cannot be terminated. Note: If you don’t come to court, the judge may make an order in … You will need a new guardianship letter for each occasion. Guardianship agreements can be reversed or revoked in certain situations. This is also referred to as a guardianship designed for children who have been in state custody and which is difficult to terminate. Understanding Grounds for Terminating Parental Rights In Canada, parents are legally responsible for supporting their children through age 19. Contact our Alberta Family Lawyers Regarding Your Guardianship Legal Issues. For example, temporary guardianship is good to establish if you plan to be out of town on business for an extended amount of time or if you might be incapacitated while you recuperate from a medical procedure. The ward, or the parents of the ward, may file a petition in court to end the guardianship. Read more about this and related topics at FindLaw's Guardianship Overview section. Providing Legal Justification for Termination of Guardianship Demonstrate automatic termination of … There are a few ways in which the guardianship of a child may be terminated. A termination notice is null and void if the employee continues to be employed by the same employer after the date specified for termination of employment. Terminating a Guardianship Ending a guardianship, unless it automatically ends when a child turns 18 years old, requires returning to court. Temporary guardianship refers to formally turning over the care of your children to another adult for a specific period of time. Although the guardians do not have to do anything to legally end the guardianship, they should notify the court in writing when the child turns 18 so the case can be officially closed. Do this at the same court, in the same location, where you’ve either: 1. already been to court with the other party 2. started any court action that hasn’t gone to court If you haven’t done either of these things, file your claim at any court in Alberta. This means making the day-to-day decisions about raising children, including education, supervision, physical care, emotional well-being and other matters. In the case of an adult ward, the guardianship can terminate when the assets being managed by the guardian is exhausted, the guardian petitions the court to resign, or the court determines the guardianship is no longer necessary. Where there are two guardians, the death of one results in sole guardianship remaining with the surviving parent under the Family Law Act. 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