Section 306 – Termination of guardianship for incapacitated person — Termination of authority and responsibility of guardian.

Effective 5/4/2022
75-5-306. Termination of guardianship for incapacitated person — Termination of authority and responsibility of guardian.

• (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:
    • (i) that the ward is no longer incapacitated; and
    • (ii) for removal or resignation of the guardian in accordance with Section 75-5-307.
  • (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.
  • (c) A request for the order described in Subsection (1) may be made by informal letter to the court.
  • (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:
  • (a) the death of the guardian or the ward;
  • (b) the determination that the guardian is incapacitated; or
  • (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.

Repealed and Re-enacted by Chapter 441, 2022 General Session