Section 5-210
A guardian's authority and responsibility terminates upon the death, resignation, or removal of the guardian or upon the minor's death, adoption, marriage, or attainment of majority, but termination shall not affect the guardian's liability for prior acts or the obligation to account for funds and assets of the ward. Resignation of a guardian shall not terminate the guardianship until it has been approved by the court. A parental appointment under an informally probated will is voided if the will is later denied probate in a formal proceeding.
Comment
The position taken in this section that termination of a guardian's authority and responsibility does not apply retroactively to nullify prior acts is intended to govern all forms of termination including termination by objection as described in § 5-203.
Any of various events, that may or may not appear from the records of the court that appointed a guardian may serve to terminate the guardian's authority and responsibility. The extremely limited authority of a guardian over the ward's money and property tends to reduce instances when third persons may be jeopardized by an unknown termination of a guardian's authority. Principles protecting third persons who rely to their detriment on an apparent authority that has been terminated without their knowledge should govern the occasional cases in which a prior, unknown termination clouds the legality of a guardian's act.
Massachusetts comment
Massachusetts G.L. c. 201, § 4 provides that the guardianship of a minor terminates at age 18 unless sooner discharged. G.L. c. 201, § 13 in the case of mentally ill, mentally retarded or spendthrift guardians describes a procedure for termination not unlike the UPC section. G.L. c. 201, § 25 requires the consent of a guardian of a minor for a marriage and in the absence thereof the Court may authorize a marriage. G.L. c. 201, § 24 provides that a guardian of a married minor shall not have care, custody and education of the married minor unless authorized by the Court. G.L. c. 201, § 25 provides that the guardian of a married minor shall not apply the minor's funds for the minor's maintenance while the minor is married unless authorized by the Probate Court.