Current through the 2023 Regular Session
Section 72-5-324 - Termination of appointment - how effected - certain liabilities and obligations not affected(1)(a) Except as provided in subsection (1)(b), the authority and responsibility of a guardian for an incapacitated person terminates upon the death of the guardian or ward, the determination of incapacity of the guardian, or upon removal or resignation as provided in 72-5-325. Testamentary appointment under an informally probated will terminates if the will is later denied probate in a formal proceeding.(b) The guardian's authority and responsibility for an incapacitated person who dies while the person is a ward of the guardian terminate when the guardian has completed arrangements for the final disposition of the ward's physical remains and personal effects, as provided in 72-5-321(7).(2) Termination does not affect the guardian's liability for prior acts or the guardian's obligation to account for funds and assets of the ward.Amended by Laws 2015, Ch. 381, Sec. 2, eff. 1/1/2016.En. 91A-5-306 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-306; amd. Sec. 4, Ch. 238, L. 2003.