(a) A guardianship is terminated:
(1) If the guardianship was solely because of the ward's incompetency for a cause other than minority, by an adjudication of the competency of the ward;
(2) By the death of the ward;
(3) If the guardianship was solely because of the ward's minority, the marriage of the ward shall terminate a guardianship of the person, but not of the estate of the ward except with respect to the ward's earnings for personal services; or
(4) If the guardianship was solely because of the ward's minority, by the ward's reaching the age of majority, unless the guardian receives a guardianship subsidy from the Department of Human Services, then the guardianship is terminated when the ward:
(A) Reaches twenty-one (21) years of age; or
(B) Who is eighteen (18) years of age or older requests termination of the guardianship.
(b) A guardianship may be terminated by court order after such notice as the court may require:
(1) (A) If the guardianship was solely because of the ward's minority, and either the ward attains his or her majority or the disability of minority of the ward is removed for all purposes by a court of competent jurisdiction.
(B) However, if the court finds upon a proper showing by substantial competent evidence that it is in the best interest of the ward that the guardianship be continued after the ward reaches majority, the court may order the guardianship to continue until such time as it may be terminated by order of the court;
(2) If the ward becomes a nonresident of this state; or
(3) If, for any other reason, the guardianship is no longer necessary or for the best interest of the ward.
(c) (1) When a guardianship terminates otherwise than by the death of the ward, the powers of the guardian cease, except that a guardian of the estate may make disbursements for claims that are or may be allowed by the court, for liabilities already properly incurred for the estate or for the ward, and for expenses of administration.
(2) When a guardianship terminates by the death of the ward, the guardian of the estate may proceed under ยง 28-65-323, but the rights of all creditors against the ward's estate shall be determined by the law governing decedents' estates.
Section: 28-65-402 28-65-403 NextLast modified: November 15, 2016