The Events That End a Guardianship
Arizona law identifies specific events that automatically terminate a guardianship for an incapacitated person. The most straightforward is death. If either the guardian or the ward passes away, the guardianship ends. Similarly, if the guardian is determined to be incapacitated, they can no longer serve.
The authority and responsibility of a guardian for an incapacitated person terminates on the death of the guardian or ward, a determination of incapacity of the guardian, or substitution or resignation as provided in section 14-5307.
A.R.S. § 14-5306A guardianship can also end through substitution, where a new guardian is appointed, or resignation, where the current guardian steps down with court approval. Filing a petition to substitute a guardian is governed by A.R.S. 14-5307 and requires court involvement. This process differs from guardianship of a minor child, which ends automatically when the child reaches adulthood.
Accountability Continues After Termination
One important detail many people overlook: ending a guardianship does not wipe the slate clean. The former guardian remains liable for any actions taken while they served. They must still account for all funds and assets they managed on the ward's behalf. If there were mistakes, mismanagement, or financial concerns during the guardianship, the court can still hold the guardian responsible.
There is also a special rule for guardians appointed through an informally probated will. If that will is later denied probate in a formal proceeding, the testamentary appointment terminates as well. This is a narrow scenario but an important protection against appointments based on invalid documents.