WHAT IS THE BURDEN OF PROOF NEEDED TO TERMINATE A GUARDIANSHIP ALREADY IN EFFECT?
After O.J. Simpson was jailed on the charge of murdering the mother of his children, a guardianship was established for the children with their maternal grandparents. After his acquittal in the criminal trial, O.J. Simpson requested a termination of the guardianship. The Court held that the burden of proof in a voluntary guardianship termination proceeding is ••not•• placed on the appointed guardians to show detriment by clear and convincing evidence but on parent to show his “overall fitness, ” before the Court will terminate the voluntary guardianship of the children. The proper burden, as stated in California Probate Codes §1601, is on the parent to show “overall fitness” on his or her part “sufficient to overcome the inherent trauma of removing a successful caregiver.” In re Simpson (1998) 67 Cal.App.4th 914, 79 Cal.Rptr.2d 389.
