Effective 28 Aug 2018

475.083. Termination of guardianship or conservatorship, when. — 1. The authority of a guardian or conservator terminates:

(1) When a minor ward becomes eighteen years of age;

(2) Upon an adjudication that an incapacitated or disabled person has been restored to capacity or ability;

(3) Upon revocation of the letters of the guardian or conservator;

(4) Upon the acceptance by the court of the resignation of the guardian or conservator;

(5) Upon the death of the ward or protectee except that if there is no person other than the estate of the ward or protectee liable for the funeral and burial expenses of the ward or protectee the guardian or conservator may, with the approval of the court, contract for the funeral and burial of the deceased ward or protectee;

(6) Upon the expiration of an order appointing a guardian or conservator ad litem unless the court orders extension of the appointment;

(7) Upon an order of court terminating the guardianship or conservatorship.

2. A guardianship or conservatorship may be terminated by court order after such notice as the court may require:

(1) If the conservatorship estate is exhausted;

(2) If the conservatorship is no longer necessary for any other reason;

(3) If the court finds that a parent is fit, suitable and able to assume the duties of guardianship and it is in the best interest of the minor that the guardianship be terminated; or

(4) If the court determines that the guardian is unable to provide the services of a guardian due to the ward's absence from the state or other particular circumstances of the ward.

3. Notwithstanding the termination of the authority of a conservator, the conservator shall continue to have such authority as may be necessary to wind up administration.

4. At any time the guardian, conservator, or any person on behalf of the ward or protectee may, individually or jointly with the ward or protectee, or the ward or protectee individually may petition the court to restore the ward or protectee, to decrease the powers of the guardian or conservator, or to return rights to the ward or protectee; except that, if the court determines that the petition is frivolous, the court may summarily dismiss the petition without hearing. The petition from the ward or protectee or on behalf of the ward or protectee may be an informal letter to the court. Anyone who interferes with the transmission of the ward's or protectee's letter or petition may be cited by the court for contempt after notice and hearing. If at any time the court, on its own motion, has reason to believe that the guardian's or conservator's powers should be increased or decreased or additional rights should be returned to the ward or protectee, the court shall set the matter for a hearing.

5. Upon the filing of a joint petition by the guardian or conservator and the ward or protectee, the court, if it finds restoration or modification to be in the best interests of the ward or protectee, may summarily order restoration or a decrease in powers of the guardian or conservator or return rights to the ward or protectee without the necessity of notice and hearing.

6. Upon the filing of a petition without the joinder of the guardian or conservator or if the court requires a hearing for a petition filed with the joinder of a guardian or conservator, the court shall cause the petition to be set for hearing with notice to the guardian or conservator and to such other persons as the court directs. The hearing shall be conducted in accordance with the provisions of section 475.075. If the ward or protectee is not represented by an attorney, the court shall appoint an attorney to represent the ward or protectee in such proceeding. The burden of proof by a preponderance of the evidence shall be upon the petitioner. Such a petition may not be filed more than once every one hundred eighty days.

7. At any time the guardian, limited guardian, conservator, or limited conservator may petition the court to increase the guardian's or conservator's powers or to remove rights from the ward or protectee. Proceedings on the petition shall be in accordance with the provisions of section 475.075.

8. In deciding whether to terminate or modify a guardianship or conservatorship, the court may require a report by and consider the recommendations in the report of a physician, licensed psychologist, or other appropriate qualified professional who has experience or training in the alleged mental, physical, or cognitive impairment of the ward or protectee.

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(L. 1983 S.B. 44 & 45, A.L. 1992 H.B. 903, A.L. 2001 S.B. 348, A.L. 2018 S.B. 806)