How are guardianship and conservatorship terminated?
A guardianship and conservatorship terminates upon death of the ward or protected person. In addition, an appointment may be terminated if the ward or protected person no longer meets the standard for establishing the guardianship or conservatorship (clear and convincing evidence). A ward, protected person, guardian, conservator or any interested person may petition for removal of a guardian or conservator on the grounds that removal would be in the best interest of the ward or protected person or for other good cause. Before terminating a guardianship and conservatorship, the court will follow the same procedures to safeguard the rights of the ward or protected person as apply to a petition for guardianship and conservatorship. A guardian and conservator may resign with court approval. A petition for removal of a guardian or permission to resign may include a request for appointment of a successor guardian. (C.R.S.
Guardianship and conservatorship for a minor terminate when the minor reaches 18 years of age. If there was a conservatorship estate for the minor, the conservator prepares and files with the court a final accounting of the administration of the estate. Upon the court`s approval of the final accounting, the conservator transfers the estate to the former protectee and, upon filing a final receipt with the court, the conservator and guardian are discharged by the court from any further responsibility. On the other hand, guardianship and conservatorship for an incapacitated and disabled person terminate only when the protectee is found to be competent by the court or upon the death of the protectee. When either of these two events occur, the conservator prepares a final accounting for the court and the conservator and guardian are discharged in much the same manner as with the termination of a minor`s estate. In some cases when the estate of the protectee has been completely exhausted, th
Guardianship and conservatorship for a minor terminate when the minor reaches 18 years of age. If there was a conservatorship estate for the minor, the conservator prepares and files with the court a final accounting of the administration of the estate. Upon the court’s approval of the final accounting, the conservator transfers the estate to the former protectee and, upon filing a final receipt with the court, the conservator and guardian are discharged by the court from any further responsibility. On the other hand, guardianship and conservatorship for an incapacitated and disabled person terminate only when the protectee is found to be competent by the court or upon the death of the protectee. When either of these two events occur, the conservator prepares a final accounting for the court and the conservator and guardian are discharged in much the same manner as with the termination of a minor’s estate. In some cases when the estate of the protectee has been completely exhausted, th
