Legal Guardianship Termination

LEGAL GUARDIANSHIP TERMINATION AGREEMENT

Effective Date: . This Legal Guardianship Termination Agreement is made by and between Petitioner: , Address: and Guardian: , Address: . Court Case Number: ; Court County: ; State: .

RECITALS

WHEREAS, on , the Court of , entered an order establishing guardianship over the person and/or estate of the protected person named below (the "Ward"): Ward: ; Ward Date of Birth: .

WHEREAS, Petitioner and Guardian now seek to terminate the guardianship set forth by that order and to cause the Court to enter a decree terminating guardianship and restoring such rights as set forth herein; and

WHEREAS, the parties desire to record the mutual obligations, notices, transfers and releases associated with the termination and to provide for orderly disposition of records, assets and responsibilities arising from the guardianship.

NOW, THEREFORE

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

1. DEFINITIONS

For purposes of this Agreement, the following terms shall have the meanings set forth below: "Guardianship" means the guardianship of the person and/or estate of the Ward as established by the referenced court order; "Termination Date" means the date on which the Court enters a decree terminating the Guardianship or such other date as the Court may specify; "Parties" means Petitioner and Guardian collectively.

2. TERMINATION OF GUARDIANSHIP

Upon entry by the Court of a decree terminating the Guardianship, the Guardian shall cease to exercise any authority, custody, care or control over the Ward's person or estate, except as otherwise provided in this Agreement. The parties agree to take all actions reasonably necessary to obtain and effectuate the Court's termination, including execution of pleadings, certificates, affidavits, and appearances before the Court.

3. PETITION, FILING AND COOPERATION

The parties agree that the following party will prepare and file the petition for termination of guardianship with the appropriate court: . Such petition shall include a proposed form of order terminating guardianship and a statement of facts supporting termination. Each party will cooperate and provide sworn statements, records, and any other necessary information within days of a written request.

4. EFFECT ON RIGHTS AND POWERS

Except as expressly reserved in writing in this Agreement or ordered by the Court, all rights, privileges and powers formerly exercised by the Guardian shall be returned to the Ward or other legally authorized person upon the Termination Date. This Agreement does not itself effectuate restoration of parental rights where different statutory procedures apply; the parties acknowledge that Court decree is required for legal restoration where applicable.

5. ASSETS, ACCOUNTS AND DOCUMENTS

Prior to the Termination Date, the Guardian shall prepare and deliver an inventory of all assets, accounts and liabilities administered during the Guardianship. Inventory and transfer actions shall be completed as follows:

The Guardian warrants that funds and property in the Guardian's possession will be transferred or delivered to the Ward, the Ward's estate, successor fiduciary, or as otherwise ordered by the Court within days of the Termination Date.

6. NOTICES TO THIRD PARTIES AND CREDITORS

The Guardian shall notify financial institutions, benefit providers, insurers, creditors, and other third parties of the termination of Guardianship and shall take all necessary steps to transfer authority and to close or amend accounts as required. The Guardian shall provide proof of such notices to the Petitioner upon request.

7. RECORDS, CONFIDENTIALITY AND DELIVERY

The Guardian shall deliver all files, records, medical and financial documentation pertaining to the Guardianship to the Ward, the Ward's legal representative, or to the Court as directed. Except as required by law or court order, the parties shall maintain the confidentiality of sensitive records.

8. REPRESENTATIONS AND WARRANTIES

Each party represents and warrants that: (a) it has full power and authority to enter into and perform its obligations under this Agreement; (b) there are no pending claims or actions known to the party that would prevent the termination of the Guardianship as contemplated; and (c) all information provided to the other party and to the Court in connection with this Agreement is true and correct to the best of the party's knowledge.

9. RELEASES AND INDEMNIFICATION

Upon the Termination Date and full performance of the obligations set forth herein, the Ward and the Petitioner release and discharge the Guardian from all claims, liabilities and causes of action arising from acts or omissions occurring prior to the Termination Date, except for willful misconduct or gross negligence. The Guardian agrees to indemnify and hold harmless the Petitioner and the Ward from liabilities arising from the Guardian's intentional misconduct or breaches of fiduciary duty.

10. GOVERNING LAW

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

11. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and representations, whether oral or written.

12. SEVERABILITY

If any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect and shall be construed so as to effectuate the original intent of the parties to the maximum extent permitted by law.

13. AMENDMENT; WAIVER

No amendment or modification of this Agreement will be effective unless made in writing and signed by both parties. No failure or delay by any party in exercising any right will operate as a waiver of that right.

14. NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth below by certified mail, personal delivery, or other method providing proof of delivery.

15. COUNTERPARTS

This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Signatures transmitted by facsimile or electronic image shall be deemed originals for all purposes.

ADDITIONAL TERMS

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