15-5-318. TERMINATION OR MODIFICATION OF GUARDIANSHIP. (1) A guardianship terminates upon the death of the ward or upon order of the court.
(2) 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.
(3) 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 as 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 that continuation of the guardianship is in the best interest of the ward.
History:
[15-5-318, added 2014, ch. 135, sec. 1, p. 371.]
Structure Idaho Code
Title 15 - UNIFORM PROBATE CODE
Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY
Part 3 - GUARDIANS OF INCAPACITATED PERSONS
Section 15-5-303 - PROCEDURE FOR COURT APPOINTMENT OF A GUARDIAN OF AN INCAPACITATED PERSON.
Section 15-5-304 - FINDINGS — ORDER OF APPOINTMENT.
Section 15-5-305 - ACCEPTANCE OF APPOINTMENT — CONSENT TO JURISDICTION.
Section 15-5-306 - TERMINATION OF GUARDIANSHIP FOR INCAPACITATED PERSON.
Section 15-5-307 - REMOVAL OR RESIGNATION OF GUARDIAN — TERMINATION OF INCAPACITY.
Section 15-5-308 - VISITOR IN GUARDIANSHIP PROCEEDING.
Section 15-5-309 - NOTICES IN GUARDIANSHIP PROCEEDINGS.
Section 15-5-310 - TEMPORARY GUARDIANS OF INCAPACITATED PERSONS.
Section 15-5-311 - WHO MAY BE GUARDIAN — PRIORITIES.
Section 15-5-312 - GENERAL POWERS AND DUTIES OF GUARDIAN.
Section 15-5-313 - PROCEEDINGS SUBSEQUENT TO APPOINTMENT — VENUE.
Section 15-5-314 - COMPENSATION AND EXPENSES.
Section 15-5-315 - GUARDIAN AD LITEM — DUTIES.
Section 15-5-316 - GUARDIAN AD LITEM — RIGHTS AND POWERS.
Section 15-5-318 - TERMINATION OR MODIFICATION OF GUARDIANSHIP.