Conditions when a Missouri guardianship can be terminated

Missouri residents know that there may come a time when they must choose a guardian for a beloved family member. It may be that their loved one's physical condition has deteriorated or that this person may now be unable to make their own decisions. But it's important to remember that a guardianship may not have to be in effect for that person's entire life. So here are some situations when a Missouri guardianship can be terminated.

If the guardianship has been set up because the ward or protectee of the guardian was someone who was under the age of 18, the guardianship can end once that person turns 18. Another reason for terminating a guardianship is if a person who was incapacitated regains their mental abilities. They must then petition the court and prove that they have regained their faculties.

A guardian can also voluntarily choose to end their guardianship as well. In situations like this, the guardian must then petition the court to be relieved of their guardianship duties. Once a suitable replacement has been found, the court can then honor the guardian's request.

A guardianship can also end if the ward of the guardian dies. The guardian, with the approval of the court, can then use assets from the estate to pay for the ward's funeral.

There are additional situations when a guardianship can be terminated including if the assets of the estate are exhausted. However, any Missouri resident who may want to set up a guardianship for a family member may want to speak to an estate planning attorney in order to fully understand all of the benefits and legal ramifications of this powerful estate tool.

Source: moga.mo.gov, "Missouri revised statutes," Accessed Oct. 5, 2015

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