Can guardianship be terminated?
Yes, guardianship can be terminated in the state of Texas. When a guardianship is no longer necessary, the court may terminate the guardianship. It is important to note that guardianship is a legal status created by court order that can only be altered or terminated by a court order. When a guardianship is terminated, the authority of the court-appointed guardian is removed and the conservatee is then responsible for managing their own finances, property, and health care decisions. Additionally, the guardian must account for all expenses made while under the guardianship. There are two primary ways a guardianship can be terminated. The first way is if the court finds that the guardianship is no longer necessary, such as the conservatee regaining capacity or a conservatorship being appointed, then the guardian can request the court to terminate the guardianship. The second way is if the guardian is unable to fulfill their role, such as through death or being unable to serve for medical reasons, then the court can appoint a new guardian or terminate the guardianship. Furthermore, in some cases, the conservatee can also request the termination of the guardianship. For instance, if the conservatee is no longer dependent on the guardian, the guardian is not fulfilling their obligations, or the conservatee is no longer incapacitated, then the conservatee can ask the court to terminate the guardianship. Overall, guardianship is a legal status created by court order that can only be terminated or altered by court order. In Texas, the court can terminate a guardianship if the court finds that it is no longer necessary or the guardian is unable to fulfill their role. Additionally, the conservatee can also ask the court to terminate the guardianship if certain conditions are met.
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