Termination of a Personal Representative Guardian and/or Conservator

Termination of a Personal Representative, Guardian and/or Conservator

A Personal Representative, Guardian and/or Conservator may be terminated in two general circumstances: First, the underlying Guardianship and/or Conservatorship is no longer necessary; and second, the Court has determined that there is cause to remove the Guardian and/or Conservator.

In the first case, some Guardianships and/or Conservatorships naturally conclude when the Ward reaches 18 years old. These are situations when a child has lost their parents, or has been injured in a collision and needed a Conservator to oversee funds awarded in a settlement or lawsuit. Another instance is if someone has had a Guardian appointed due to drug or chemical dependency, and has successfully undergone treatment and is deemed by the Court to be competent to manage their own affairs.

The second case, removing a Guardian and/or Conservator for cause, is more difficult and contentious. A Court may remove a Guardian and/or Conservator if it is proven that the Guardian and/or Conservator is no longer complying with their legal duties. This can be from something relatively simple like failing to file an annual report, to much more egregious things such as abuse, neglect, or fraud.

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