Guardianship for Adults
- Note: The Court is prohibited by law (Section 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.
- 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:
- Filing Fee: $20 (No fee if ward is petitioner.)
- Note: This fee may be waived if the person filing for termination of the Guardianship can show they are indigent.
- Forms Used:
- PC 675 (PDF), Petition to Terminate or Modify Guardianship
Who Can File
Any person interested in the person’s welfare, including the Legally Incapacitated Individual.
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:
- The legally incapacitated individual
- If known, a person named as attorney in fact under a durable power of attorney
- The legally incapacitated individual's spouse
- The legally incapacitated individual's children or, if no adult child is living, the individual's parents
- If no spouse, child, or parent is living, the presumptive heirs of the individual
- The person who has the care and custody of the legally incapacitated individual
- The guardian
Your Petition will be set for hearing by the Court. Typically, the hearing date is 6 to 8 weeks after the petition is filed. You, the Petitioner, must attend the hearing or your Petition will be dismissed.
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.