CLOSING PRO
Note: The Court is prohibited by law (Sec. 1211 of
the Estates and Protected Individuals Code [EPIC]) from providing legal advice
and completing forms. This item provides general information concerning
the closing procedures for adult guardianships and may be useful as a
guide. If you have any questions, consider contacting an attorney for
assistance.
Note: A request to modify or terminate an adult guardianship may be made by
an informal letter from the ward or anyone interested in the ward’s
welfare.
Closing upon Adult’s Death: There is no fee. The guardian simply files form PC 634, Annual
Report of Guardian on Condition of Legally Incapacitated Individual (indicate
on the form that this is a final report).
Also, please submit a photocopy of the ward’s death certificate. The case will then be closed by the
Court.
The Following Procedures Apply to
Attempting to Terminate an Adult Guardianship Before the Ward’s Death:
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Filing Fee |
$20.00 (No fee if ward is petitioner.)
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Forms Used |
PC 675, Petition to Terminate\Modify Guardianship |
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Who Can File |
Any person interested in the person’s welfare, including the Legally Incapacitated Individual. |
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Interested Persons |
Only list new interested persons and\or change of addresses for any interested persons since the guardianship was opened. If an interested person is not included or is not properly served, the hearing cannot be held. The interested persons in a petition for termination or modification of a guardianship for a legally incapacitated individual are: 1. The legally incapacitated individual, 2. If known, a person named as attorney in fact under a durable power of attorney, 3. The legally incapacitated individual's spouse, 4. The legally incapacitated individual's adult children and the individual's parents, 5. If no spouse, child, or parent is living, the presumptive heirs of the individual, 6. The person who has the care and custody of the legally incapacitated individual, and 7. The guardian.
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Hearing Date |
Your Petition will be set for hearing by the Court. Typically, the hearing date is 3-5 weeks after the petition is filed. Your Hearing Reminder form displays the correct date, time, place, and assigned Judge. You, the Petitioner, must attend the hearing or your Petition will be dismissed. |
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Guardian ad Litem |
The
court must, by law, appoint a Guardian ad Litem (GAL) to represent the
interest of the alleged legally incapacitated individual unless the person
has their own attorney. It will be the
GAL’s responsibility to visit the person and make a recommendation as to
whether or not a guardian is still needed.
Note: If the ward is the person petitioning to terminate
the guardianship, no GAL is appointed; instead a lawyer is appointed to
represent the ward if they do not have their own attorney. The
GAL is not an employee of the court but a licensed practicing attorney
appointed by the court. |
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Rev. 3/20