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How Do I Relinquish Guardianship of My Husband?

  • November 30th, 2017
I am the caregiver and guardian for my husband, who suffered a severe stroke 18 months ago. I can no longer provide the care that he needs due to my own health declining. How do I go about relinquishing guardianship of him? Any and all advice is appreciated.

This sounds like a very difficult situation. Being guardian and the primary care provider are not at all the same thing. The guardian makes health care and living decisions for the ward, but does not have to provide the care. So, you could continue to serve as guardian but arrange for someone else to provide care in your home or for your husband to reside somewhere else where care will be provided. If you also want to give up responsibility for making these decisions for your husband, you will have to go back to court to relinquish the guardianship. It’s always best if you have someone in mind to take over this role. If not, you will have to ask the court to choose someone. Some locations have a public guardianship service that can take this over. In others, nonprofit organizations or private attorneys or other professionals often serve as guardians. Unfortunately, if there’s money, there are probably a lot of individuals or organizations ready and willing to serve, but if there’s not, it can be difficult to find anyone to step in.

For more information about guardianship, click here.

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Last Modified: 11/30/2017

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