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ID S1233

Bill

Status

Engrossed

2/2/2012

Primary Sponsor

Judiciary and Rules Committee

Click for details

Origin

Senate

2012 Regular Session

AI Summary

  • Guardian authority terminates upon death, resignation, removal, guardianship termination, or minor's death, adoption, marriage, or attainment of majority, but termination does not affect liability for prior acts or obligation to account for ward's funds and assets.

  • Guardian resignation without successor appointment does not terminate guardianship until court approval is granted.

  • Any interested person or ward aged 14 or older may petition for guardian removal, guardianship modification, or guardianship termination; guardian may petition for permission to resign.

  • Person moving to terminate guardianship must prove by clear and convincing evidence both a substantial and material change in circumstances of guardian, parent(s), or minor since guardianship establishment, and that termination is in minor's best interests.

  • Person moving to remove guardian or modify guardianship must prove by clear and convincing evidence both a substantial and material change in circumstances of guardian, parent(s), prospective co-guardian, or minor, and that removal or modification is in minor's best interests.

Legislative Description

Amends existing law relating to guardians of minors to revise provisions and to establish additional provisions relating to the termination of a guardianship; and to revise provisions relating to certain resignation, removal, modification and termination proceedings.

GUARDIANS OF MINORS

Last Action

Ret'd to Jud

2/14/2012

Committee Referrals

Judiciary and Rules1/20/2012

Full Bill Text

No bill text available