Section 5-311
(a)
On petition of the incapacitated person or any person interested in the incapacitated person's welfare, the court, after notice and hearing, may remove a guardian if the person under guardianship is no longer incapacitated or for other good cause. On petition of the guardian, the court, after hearing, may accept a resignation.
(b)
The incapacitated person or any person interested in the welfare of the incapacitated person may petition for an order that the person is no longer incapacitated and for termination of the guardianship. A request for an order may also be made informally to the court.
(c)
Upon removal, resignation, or death of the guardian, or if the guardian is determined to be incapacitated or disabled, the court may appoint a successor guardian and make any other appropriate order. Before appointing a successor guardian, or ordering that a person's incapacity has terminated, the court shall follow the same procedures to safeguard the rights of the incapacitated person that apply to a petition for appointment of a guardian.
Comment
The person's incapacity is a question that usually may be reviewed at any time. However, provision is made for a discretionary restriction on review. In all review proceedings, the welfare of the person is paramount.
The provisions of subsection (b) were designed to provide another protection against use of guardianship proceedings to secure a lock-up of a person who is not capable of looking out for his or her personal needs. If the safeguards imposed at the time of appointment fail to prevent an unnecessary guardianship, subsection (b) is intended to facilitate a person's unaided or unassisted efforts to inform the court that an injustice has occurred as a result of the guardianship.
Massachusetts comment
Provisions for removal previously found in G.L. c. 201, §§ 13, 13A and 33 are consolidated and restated in this section. The standard for removal in this section is the best interests of the incapacitated person which is new.