Just as a court is involved in appointing a guardian courts our also involved in terminating guardianship guardianships terminate immediately upon the death of the…

Try: Just as a court is involved in appointing a guardian courts our also involved in terminating guardianship guardianships terminate immediately upon the death of the incapacitated individual if the guardian resigns or dies this does not end the guardianship the court will just appoint a replacement guardian in some states the guardian cannot resign until a successor has been found if the incapacitated individual regains capacity the guardianship should be terminated if the guardian agrees that the person is no longer incapacitated the guardianship can be terminated relatively easily however if the guardian disagrees the burden is likely on the formerly incapacitated person depending on state law he will have to petition the court for a hearing an additional option if the person is only partially incapacitated is to adapt the guardian’s powers to fit the individual’s changed capacity again this involves having the court amend the guardianship information references

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Categories: Cognitive Intellectual, Legal

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Keywords: Legal capacity

*This information is listed as a Fact Sheet and is not explicitly medically licensed

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