Petition for termination or modification; appointment of attorney to represent ward; burden of proof; issuance of citation; penalties for not filing petition in good faith.
1. A ward, the guardian or another person may petition the court for the termination or modification of a guardianship. The petition must state or contain:
(a) The name and address of the petitioner.
(b) The relationship of the petitioner to the ward.
(c) The name, age and address of the ward, if the ward is not the petitioner, or the date of death of the ward if the ward is deceased.
(d) The name and address of the guardian, if the guardian is not the petitioner.
(e) The reason for termination or modification.
(f) Whether the termination or modification is sought for a guardianship of the person, of the estate, or of the person and estate.
(g) A general description and the value of the remaining property of the ward and the proposed disposition of that property.
2. Upon the filing of the petition, the court may appoint an attorney to represent the ward if:
(a) The ward is unable to retain an attorney; and
(b) The court determines that the appointment is necessary to protect the interests of the ward.
3. The petitioner has the burden of proof to show by clear and convincing evidence that the termination or modification of the guardianship of the person, of the estate, or of the person and estate is in the best interests of the ward.
4. The court shall issue a citation to the guardian and all interested persons requiring them to appear and show cause why termination or modification of the guardianship should not be granted.
5. If the court finds that the petitioner did not file a petition for termination or modification in good faith or in furtherance of the best interests of the ward, the court may:
(a) Disallow the petitioner from petitioning the court for attorney’s fees from the estate of the ward; and
(b) Impose sanctions on the petitioner in an amount sufficient to reimburse the estate of the ward for all or part of the expenses and for any other pecuniary losses which are incurred by the estate of the ward and associated with the petition.
Last modified: February 25, 2006