Termination of Guardianship

A checklist for terminating a guardianship. M.G.L. c. 190B, § 5-310

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  1. Are there grounds to terminate the guardianship?

    2. 1. Are there grounds to terminate the guardianship?

    Guardianship shall be terminated upon:

    Yes No

    Death of guardian or Incapacitated Person;

    Determination of incapacity of guardian;

    Determination that IP is no longer incapacitated;

    Guardian is being investigated or has charges pending for assault and battery resulting in serious bodily injury or neglect of IP (§ 5-107A)

    Removal of guardian by Court for good cause; or

    Resignation of guardian with Court approval

  2. Do you have the right paperwork?

    3. 2. Do you have the right paperwork?

    If basis for removal is that IP is no longer incapacitated, must file Medical Certificate for Termination.

    Yes No

  3. Did you prepare the Petition for Removal-Resignation-Termination?

    4. 3. Did you prepare the Petition for Removal-Resignation-Termination?

    You must submit this petition to end the guardianship.

    Yes No