Guardianship Dismissal Agreement

Guardianship Dismissal Agreement

This Guardianship Dismissal Agreement (the Agreement) is entered into between the following parties as of the Effective Date set forth below.

Petitioner/Guardian:    Address:

Protected Person/Ward:    Address:

Court:    Case Number:    County/State:

Date Petition Filed:

RECITALS

WHEREAS, Petitioner/Guardian filed a petition initiating guardianship proceedings concerning the Protected Person in the above-captioned Court, and such proceedings are identified by the case number above; and

WHEREAS, the parties have engaged in good-faith discussions and desire to resolve outstanding issues related to the guardianship proceeding by dismissing the guardianship action upon the terms and conditions set forth in this Agreement; and

WHEREAS, the parties intend that the Court may enter an order dismissing the guardianship proceeding in accordance with the terms of this Agreement, subject to any required court approval.

NOW, THEREFORE

In consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:

1. Dismissal

1.1 Joint Dismissal. The parties agree to file a joint request or stipulation to dismiss the guardianship proceeding identified above with the Court. The dismissal shall be: With Prejudice Without Prejudice The parties shall initial here to indicate their agreement to the selected option(s):

1.2 Filing Deadline. The parties shall prepare and file the dismissal papers by no later than , unless extended by mutual written agreement.

2. COURT APPROVAL

2.1 The parties acknowledge that dismissal of the guardianship may require Court approval. Each party shall cooperate in obtaining any required approvals and shall provide declarations, appearances, or other filings reasonably necessary to obtain entry of an order dismissing the guardianship.

3. MUTUAL RELEASE

3.1 Except as otherwise expressly provided in this Agreement, upon the effective date of the dismissal, each party hereby fully and forever releases, remises and discharges the other party from any and all claims, demands, rights, causes of action, liabilities, costs, or expenses arising out of or relating to the guardianship proceedings through the effective date, whether known or unknown, asserted or unasserted.

4. COOPERATION; DOCUMENTS

4.1 Each party agrees to execute and deliver all further instruments and documents and to take such actions as may reasonably be required to effectuate the terms of this Agreement and the dismissal of the guardianship.

5. FEES AND COSTS

5.1 Each party shall bear its own attorneys' fees and costs related to the guardianship proceedings and the preparation and execution of this Agreement, except that if any party breaches this Agreement and the non-breaching party obtains relief in court, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs.

6. REPRESENTATIONS AND WARRANTIES

6.1 Each party represents and warrants that it is duly authorized to enter into this Agreement, that the person signing on its behalf has full authority to bind that party, and that the execution and performance of this Agreement will not violate any other agreement or court order binding on that party.

7. NO ADMISSION

7.1 This Agreement and any actions taken pursuant hereto are entered into for the purpose of compromise and settlement and shall not be construed as an admission of liability, wrongdoing, or fault by any party.

8. CONFIDENTIALITY

8.1 Except as required by law or court order, the parties agree to keep the terms of this Agreement and any settlement communications confidential and not to disclose them to any third party without the prior written consent of the other party.

9. NOTICES

9.1 All notices required or permitted under this Agreement shall be in writing and shall be delivered by personal service, certified mail (return receipt requested), or other recognized overnight carrier, and shall be effective upon receipt.

10. MISCELLANEOUS

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to conflicts of law principles.

Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, oral or written.

Severability: If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement will remain in full force and effect, and the parties shall negotiate in good faith to replace the invalid provision with a valid and enforceable provision that achieves, to the extent possible, the original intent of the parties.

Amendments and Waiver: This Agreement may be amended only by a writing signed by both parties. No waiver of any provision will be effective unless in writing and signed by the party against whom enforcement is sought.

Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures delivered by electronic transmission shall be treated as originals.

CERTIFICATIONS

Each party certifies that it has read and understands this Agreement, that it enters into this Agreement voluntarily and with full knowledge of its rights, and that the signatory for each party is duly authorized to execute this Agreement on behalf of that party.

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