§560:5-318 Termination or modification of guardianship. (a) A guardianship terminates upon the death of the ward or upon order of the court.
(b) On petition of a ward, a guardian, or another person interested in the ward's welfare, the court may terminate a guardianship if the ward no longer needs the assistance or protection of a guardian. The court may modify the type of appointment or powers granted to the guardian if the extent of protection or assistance previously granted is currently excessive or insufficient or the ward's capacity to provide for support, care, education, health, and welfare has so changed as to warrant that action.
(c) Except as otherwise ordered by the court for good cause, the court, before terminating a guardianship, shall follow the same procedures to safeguard the rights of the ward that apply to a petition for guardianship. Upon presentation by the petitioner of evidence establishing a prima facie case for termination, the court shall order the termination unless it is proven by clear and convincing evidence that continuation of the guardianship is in the best interest of the ward. [L 2004, c 161, pt of §1]
Section: Previous 560-5-311 560-5-312 560-5-313 560-5-314 560-5-315 560-5-316 560-5-317 560-5-318 560-5-401 560-5-401-to-560-5-432 560-5-402 560-5-403 560-5-404 560-5-405 560-5-406 NextLast modified: October 27, 2016