How does a guardianship end?
In Texas, guardianship can end when the person it was granted for is judged to no longer need it, or when the guardianship is voluntarily terminated before it is finished. Generally, a guardianship will end when the person it was granted for has been declared "competent" and is able to make decisions for themselves once more. This is decided by a court hearing and they must be declared competent by a doctor or qualified psychologist. The guardianship can also be terminated with a petition to the court by the guardian, the conservator, or a family member. The petition must explain why the guardianship needs to end and the court must rule if the petition is approved. It may be approved if the court finds that the guardian or conservator is no longer able to take care of the protected person, or if the protected person is able to manage their daily life without the guardianship. Lastly, the guardianship can be ended if the protected person, or the guardian or conservator, dies. In these cases, the court will likely appoint a new guardian or conservator to carry out the wishes of the deceased. In all cases, once the guardianship is terminated, the court must give a final accounting of the entire guardianship estate to the court. This includes any assets, liabilities, and expenses, and the guardianship will end when the court is satisfied that the final accounting is complete.
Related FAQs
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