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Fill out three forms: (1) the Motion to Terminate Guardianship, (2) the Affidavit in Support of Motion to Terminate Guardianship, and (3) the Order Terminating Guardianship. Make copies of the motion and affidavit for yourself and for each interested party (including the child if they are over the age of 14).
Legal guardianship means a court grants someone other than a biological parent the right to care for a minor. Custody (most often) generally describes a parent caring for his or her own child. Guardianship does not always grant custody or definitively mean a biological parent's custody is revoked.
Section 28-65-214 - Guardianship order (a) A court order establishing a guardianship shall contain findings of fact that the respondent is an incapacitated person and is in need of a guardian for the person or estate, or both.
A Permanency Option. Legal guardianship is a judicially created relationship between a child and responsible adult in which the guardian assumes many of the rights and responsibilities that customarily would reside with the child's parents.
To end a guardianship you must get a judge to approve the termination. This means you have to file paperwork in court, let the guardian know, and set a date to present your evidence to the judge.
The Title IV-E Guardianship Assistance Program allows non IV-E eligible (foster care maintenance) siblings of a Title IV-E eligible child, who are placed in the same prospective kinship guardian's home, to receive Title IV-E Guardianship subsidy based on the ?primary? child's eligibility.
Section 28-65-401 - Termination generally (a) A guardianship is terminated: (1) If the guardianship was solely because of the ward's incompetency for a cause other than minority, by an adjudication of the competency of the ward; (2) By the death of the ward; (3) If the guardianship was solely because of the ward's ...
Anyone considering becoming a legal guardian for an adult in Montana must first file a petition with the court, describing why the person in question requires a guardian, along with information about the proposed guardian. The petition also needs to provide the contact information for all involved family members.