Title 29, Chapter 5, Section 9
( 29-5-9)
(a) Upon the petition of any interested person, including the
incapacitated person, or upon the probate court's own motion after
review of the guardianship reports, a guardianship of the person or
property of an adult ward may be modified or terminated, as
appropriate, by the court: (1) By the procedures provided in Article 2 of Chapter 2 of this
title in the event of such conflicts of interest or unfitness as
substantially impair the guardian's ability to perform his duties
under this chapter effectively or in the event of any other
misconduct of the guardian; (2) By the procedures provided for in Article 3 of Chapter 2 of this title in the event of the resignation or death of the guardian, except that the persons to be notified shall be the same as set forth in paragraph (2) of subsection (a) of Code Section 29-5-6; (3) By adjusting the guardianship order in the event of a
significant change in the extent of the incapacity of the ward or
the circumstances of the ward or the guardian; or (4) By restoring all personal and property rights and terminating
the guardianship upon a proper showing that the need for the
guardianship has ended. (b) In petitions under paragraphs (3) and (4) of subsection (a) of this Code section, where the primary issue is a change in the condition of the ward, the petition must be accompanied by an affidavit of two persons who have knowledge of the ward or of a physician licensed to practice medicine under Chapter 34 of Title 43 or of a psychologist licensed to practice under Chapter 39 of Title 43, setting forth the supporting facts and determinations. Thereafter, the provisions of subsections (c) and (e) of Code Section 29-5-6 shall apply, except that the court may dismiss the petition prior to hearing if after reviewing the evaluation report the court finds that there is not probable cause to believe that there are grounds for modification or termination of the guardianship. In all proceedings under this Code section the burden of proof shall be upon the guardian and the prior adjudication of incapacity shall not be competent evidence in these proceedings. (c) In all guardianship modification or termination procedures referred to in this Code section, notice shall be given personally to the guardian and the ward; counsel shall be appointed for the ward where he cannot afford counsel; and all the rights of the ward enumerated in Code Section 29-5-6 shall apply to the hearing upon the petition. (d) A guardianship with a specific duration shall end automatically
upon its expiration. (e) The death of the ward automatically terminates the guardianship for all purposes except the final accounting by the guardian of the property, if any. In the event that the ward dies intestate, the guardian of the property, or if none, the guardian of the person other than a representative of the Department of Human Resources acting in his official capacity shall assume the duties of administrator of the ward's estate pursuant to Code Section 29-2-23. (f) The reasonable expenses, including fees of legal counsel and other professionals, for the interested person or incapacitated person bringing a petition pursuant to paragraph (3) or (4) of subsection (a) of this Code section shall be allowed as provided in Code Section 29-2-2. |