Petition for Restoration of Rights

A Petition for Restoration of Rights is a legal document filed with the court to request the termination of a guardianship and the restoration of an individual’s legal rights and decision-making authority. The petition is typically filed by the individual under guardianship or an interested party who believes that the individual has regained the capacity to make decisions for themselves. The petition must include specific evidence of the individual’s improved capacity, such as medical or psychological evaluations, as well as a plan for the individual’s ongoing care and support. The court will review the petition and may hold a hearing to consider the evidence and arguments presented. If the court determines that the individual has regained capacity and that the guardianship is no longer necessary, it may issue an order terminating the guardianship and restoring the individual’s rights. The Petition for Restoration of Rights is an important tool for promoting the individual’s autonomy and self-determination and for ensuring that guardianships are not maintained longer than necessary.