§ 75-5-306 — Termination of guardianship for incapacitated person -- Termination of authority and responsibility of guardian.

(1) (1)(a) Except for the time period described in Subsection (1)(b), the ward or any person interested in the ward's welfare may petition for an order:
(1)(a)(i) that the ward is no longer incapacitated; and
(1)(a)(ii) for removal or resignation of the guardian in accordance with Section 75-5-307.
(1)(b) In an order adjudicating capacity, a court may specify a minimum period of time, not exceeding one year, during which no petition for an adjudication that the ward is no longer incapacitated can be filed without leave from the court.
(1)(c) A request for the order described in Subsection (1) may be made by informal letter to the court.
(1)(d) Any person who knowingly interferes with a request described in Subsection (1)(a) may be sanctioned by the court.
(2) The authority and responsibility of a guardian for an incapacitated person terminates upon:

(2)(a) the death of the guardian or the ward;
(2)(b) the determination that the guardian is incapacitated; or
(2)(c) the removal or resignation of the guardian in accordance with Section 75-5-307.
(3) Resignation of a guardian does not terminate the guardianship until the resignation has been approved by the court.
(4) Testamentary appointment of a guardian under an informally probated will terminates if the will is later denied probate in a formal proceeding.
(5) Termination of a guardian does not affect the guardian's liability for the guardian's prior acts or the guardian's obligation to account for funds and assets of the guardian's ward.
(6) On a petition to order that a ward's incapacity is terminated, the court shall follow the same procedures to safeguard the rights of the ward for a petition for appointment of a guardian under Section 75-5-303.

Legislative History

Repealed and Re-enacted by Chapter 441, 2022 General Session