Section 5-310
The authority and responsibility of a guardian of an incapacitated person terminates upon the death of the guardian or incapacitated person, the determination of incapacity of the guardian, the determination that the person is no longer incapacitated, or upon removal or resignation as provided in section 5–311. Testamentary appointment under an informally probated will terminates if the will is later denied probate in a formal proceeding. Termination shall not affect a guardian's liability for prior acts or the obligation to report or account for funds and assets of the incapacitated person.
Comment
The concept that a guardian's authority may be terminated even though the guardian remains liable for prior acts or unaccounted funds is a corollary of the proposition that a guardian's authority to act for the incapacitated person should end automatically and without court order in certain circumstances. A more primitive concept to the effect that a guardian's authority derived from a court order continues until the court orders otherwise generates unnecessary and excessive use of the courts. Nonetheless, the question of whether a person's incapacity exists or continues and whether a guardian is necessary to provide continuing care and supervision of the incapacitated person is too complex to be resolved automatically save in the instances enumerated in this section. If a court determines that a person's incapacity or need for a guardian has ended, it may terminate the authority and make an appropriate, additional order regarding the guardian's liabilities for acts done or funds for which there has not been any accounting. The additional order might defer the determination regarding liabilities to a later time.
Massachusetts comment
This section replaces G.L. c. 201, § 13.