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2023 California Rules of Court

Rule 7.1004. Termination of guardianship

(a) Operation of law or court order

A guardianship of the person or estate of a minor may terminate by operation of law or may be terminated by court order where the court determines that it would be in the ward's best interest to terminate the guardianship.

(b) Guardian of the person

(1)  Under Probate Code section 1600 a guardianship of the person terminates by operation of law, and the guardian of the person need not file a petition for its termination, when the ward attains majority except as provided in (2), dies, is adopted, or is emancipated.

(2)  If the court has appointed a guardian of the person for a ward 18 years of age or older or extended a guardianship of the person past the ward's 18th birthday, the guardianship terminates:

(A)  By operation of law when the ward attains 21 years of age, marries, or dies; or

(B)  By order of the court when the ward files a petition under Probate Code section 1601.

(Subd (b) amended effective July 1, 2016.)

(c) Duty of guardian of estate on termination

A guardian of the estate whose administration is terminated by operation of law or court order must file and obtain the court's approval of a final account or report of the administration.

Rule 7.1004 amended effective July 1, 2016; adopted effective January 1, 2004.

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