§ 75-5-613 — Termination of guardianship for an individual with a severe intellectual disability.

(1) (1)(a) An individual with a severe intellectual disability, or any person interested in the individual's welfare, may petition for an order:
(1)(a)(i) that the individual is not an individual with a severe intellectual disability; and
(1)(a)(ii) for removal or resignation of the guardian in accordance with Section 75-5-612.
(1)(b) The court may specify a minimum period of time, not exceeding one year, during which no petition for the termination of a guardianship for an individual with a severe intellectual disability can be filed without leave from the court.
(1)(c) A request for the order described in this 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) Notwithstanding Subsection (1), the authority and responsibility of a guardian for an individual with a severe intellectual disability terminates upon:
(2)(a) the death of the guardian or the individual;
(2)(b) the determination that the guardian is incapacitated; or
(2)(c) the removal or resignation of the guardian in accordance with Section 75-5-612.
(3) Resignation of a guardian does not terminate the guardianship until the resignation has been approved by the court.
(4) 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 individual with a severe intellectual disability.
(5) On a petition to order that an individual is no longer an individual with a severe intellectual disability, the court shall follow the same procedures to safeguard the rights of the individual with a severe intellectual disability on a petition for appointment of a guardian under Sections 75-5-603, 75-5-604, 75-5-606, and 75-5-607.

Legislative History

Enacted by Chapter 543, 2025 General Session