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I became my aunt's guardian after my mother died in 2013. My aunt became seriously ill with alzheimers, cardiac problems, and other health issues, and died in December 2014. My attorney prepared the final accounting report and electronically submitted it May 2015, and we are still waiting for the judge to sign the order closing the guardianship. The probate auditor said she was working on the file in August, and November is virtually upon us, and she will not return my attorney's calls or emails. I want this resolved, this is going on too long. What can I do at this point?

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Thank you for your advice and comments. They have a new judge and probate auditor since I started the guardianship process. I realize the guardianship automatically ended when she died, but I am still under a guardian bond. The bond company wants me to pay on the bond although I've informed them she was deceased. I can't be excused from it until the judge signs off on the paperwork. I will consider writing a letter to the judge and going to the courthouse to discuss the issues with the probate auditor and judge. There are others waiting for resolution to their cases.
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Could it have been that the judge handling this has deceased?
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forget the prior post---see below and you can go from there---A Texas Guide to Adult Guardianship
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A Texas Guide
to Adult Guardianship
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A guardianship ends when 1 of these things happens:

The child turns 18;
The child is adopted, marries, enters the military, or is declared an adult (emancipated) by court order;
The child dies before turning 18; or
The court ends the guardianship.

The first 3 events end the guardianship automatically. The last 1 requires a court order.

Any of these people can ask the court to end a guardianship:

The child, if 12 or older;
The parents of the child; or
The guardian.

A guardian can resign. But first, there must be a court hearing. And you must give notice of the hearing to all relatives who were notified of your appointment as guardian.

You must show the court that it would be in the child's best interest for you to resign. If the judge agrees, he or she will appoint a guardian to replace you. If no replacement is available, the child will probably be made a dependent in juvenile court.

Before ending a guardianship, the judge considers the following:

The child's best interests: The person asking to end the guardianship must be able to prove to the court that ending the guardianship is in the child's best interest (see Probate Code 1601).
If the parent wants the child to live with him or her again, the judge will want proof that the parent:

Has a stable place to live;
Has a source of income;
Is "fit" or has been sufficiently rehabilitated, and
Can provide a good home for the child.

If the child is more than 12 years old, what he or she wants and where he or she wishes to live may be considered.


How to ask the court to end the guardianship of the person

Fill out your forms

Fill out:
Petition for Termination of Guardianship (Form GC-255);
Notice of Hearing -- Guardianship or Conservatorship (Form GC-020);
Order Terminating Guardianship (Form GC-260) (only fill out the caption which is the box at top); and
Any other forms your local court requires. Ask the court clerk or self-help center to make sure you have all the forms you need.

Have your forms reviewed

If your court’s family law facilitator or self-help center helps people with guardianship cases, ask them to review your paperwork. They can make sure you filled it out properly before you move ahead with your case.
Make at least 3 copies of all your forms

The original is for the court (sometimes, the court will also keep 1 of the copies). One copy will be for you. The others will be for the people who will have to get notice (see step 5). You may need to make more copies after you file your forms.

File your forms with the court clerk

Take your original plus copies to the clerk's office in your courthouse. They will keep the original and return the copies to you, stamped "Filed." You may have to pay a filing fee. If you cannot afford the fee, you can ask for a fee waiver.
Give notice

Give notice by mail to all the people that got notice when the case started (when the guardianship was filed).

You must give notice at least 15 days before the hearing.
For any relatives that agree to end the guardianship, you do not need to give notice. Just ask them to sign the Consent To Termination and Waiver of Service and Notice of Hearing on the back of the Petition (Form GC-255).

Go to court on the date of your hearing

Fill out the Order Terminating Guardianship (Form GC-260)
If the court decides to end the guardianship, the judge will sign this form. Make sure you file this form after the judge signs it.



How to end a guardianship of the estate

You must file a final report and accounting with the court and ask to be discharged as guardian. If the child is now an adult, he or she can decide not to ask for an accounting. But you, as guardian, must still give a report to the court with a statement from the child (now adult) that he or she does not want an accounting.
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Guardianship automatically ends at death. Anything after that is the Executor's responsibility.
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I've been wondering about the court system in relation to guardianship and probate issues lately, myself. I have an attorney who helps me file my yearly guardian report for my son. For reasons I don't understand, in order for the attorney to be paid he has to file a request with the courts and a judge signs off on it - I then am forwarded the signed court order and pay the attorney. Not sure if other states do it like this but that's how it works in Oregon. Anyhoo - this time it took six months for the order to be approved! Seriously? Now I'm working with the same firm to probate my moms will. It's only been about six weeks since we filed. I received notifications from the court that I've been approved as executor by mail a week ago but still no official letter of testamentary that I need for actually being able to conduct business - seems like if they could send the "information only" letter, they ought to be able to send the "official" one. But that's not what's really getting to me right now - it's in the informational letter I was informed I have to use an attorney- fine, I was doing that anyhow - it's that as being appointed the "personal representative" to my mothers estate, I was informed I am required to pay for and attend a class regarding the duties. Evidently this is a new requirement in Oregon whenever the court appoints anyone to represent another person - guardian, trustee, executor, conservator etc. I swear - "the system" seems bent on mucking things up and making everything as complicated as possible st every turn!
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Even if the guardianship was complex, the auditor has a professional obligation to return your calls. To avoid doing so is inexcusable. Ferris and Send both give good advice.
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Call the court clerk, see if the probate auditor still works there, or has been transferred or downsized.
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Send a letter to the judge. This is ridiculous and taking way too long and your attorney can petition the court to be heard (you'll be paying for his time though). You can also go in person if you are near the court. Make your voice heard!
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