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.
If you would like to contact Owens and Perkins regarding Guardian and Conservatorship services,