How can a guardianship be terminated?
In Arkansas, a guardianship can be terminated in a few different ways. The first way is if the guardian and the ward (person under guardianship) both agree to terminate the guardianship. In this case, the guardian must file a petition with the probate court and provide an affidavit that they both agree to the termination. Another way a guardianship can end is if the court determines that the ward has regained mental capacity and can resume managing their own affairs. This is done typically with the help of an attorney or through a guardianship case review. If the court determines that the ward can take care of themselves, they will enter an order terminating the guardianship. A third way a guardianship can be terminated is if the ward has died or has been placed in a nursing home or an assisted living facility. In this case, the guardianship is automatically terminated. Lastly, a guardianship can be ended if the guardian is no longer able or willing to serve in that capacity. The guardian must file a petition with the probate court and provide the court with a reason why they wish to be removed. The court will then evaluate the situation and decide whether or not to terminate the guardianship. In conclusion, a guardianship in Arkansas can be terminated in a few different ways. Most of the time it requires the court to make a determination, but in some cases it can be done with the agreement of the guardian and the ward.
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