Guardianship Revoked, Is it possible without knowing?

Question

My friend has Guardianship over her nephew until 2009. He went to see his parents and grandparents over the summer and now that school has started, my friend didn't get her nephew back for the school year. She was informed last night if she tries to contact the nephew in any way she will be arrested and that her guardianship was revoked at the beginning of the summer. My question is can the parents revoke a guardianship without the aunt knowing and signing anything and also if she has guardianship until 2009, does the parents have to hand him back over to the aunt?

Answer 1

Your question is reproduced below to preserve the orignal fact pattern to which this answer applies:

The quick answer to your question is "Yes, a guardianship can usually be revoked even without the knowledge or consent of the guardian."

Parental rights are solely vested in the parents of a child unless a court orders otherwise.  If a court orders a guardianship over a child, then the parents cannot revoke it without court action.  But if the parents set up a guardianship for their child, the parents can then revoke it at anytime for any reason-- without the knowledge or consent of the guardian.  The parents have the sole power to decide what's best for the child where the courts have not intervened.

That the guardianship was set up with a temination date-- in this case 2009-- doesn't mean that the parents can't terminate it earlier.  Again, where there is no court involvement, the parents have the power to make such decisions for a child.

[This is not legal advice. You should consult a licensed attorney-at-law for legal advice or representation before making decisions that may affect your legal rights.]