Section 13 Termination of guardianship - Massachusetts Statutes

[Text of section effective until June 30, 2009. For text effective June 30, 2009, see below.]

Section 13. The guardian of a mentally ill or mentally retarded person or spendthrift may be discharged by the probate court, upon the application of the ward or otherwise, when it appears that the guardianship is no longer necessary; except that in the case of a mentally retarded person seven days’ notice of the petition shall be given to the department of mental retardation in the case of a guardianship established pursuant to section six A. In the event of the death, resignation or removal of the guardian of a mentally ill or mentally retarded person, the court, on the application of the former ward and after notice to his heirs apparent or presumptive, including the husband or wife, if any, and to the said department, may certify that the said ward is discharged by operation of law and, if it so appears, that guardianship of said ward is no longer necessary.

Chapter 201: Section 13. Termination of guardianship

[Text of section as amended by 2008, 451, Sec. 145 effective June 30, 2009 until July 1, 2009. Repealed by 2008, 521, Sec. 21. See 2008, 451, Sec. 187 and 2008, 521, Sec. 44. For text effective until June 30, 2009, see above.]

Section 13. The guardian of a mentally ill or mentally retarded person or spendthrift may be discharged by the probate court, upon the application of the ward or otherwise, when it appears that the guardianship is no longer necessary; except that in the case of a mentally retarded person seven days’ notice of the petition shall be given to the department of developmental services in the case of a guardianship established pursuant to section six A. In the event of the death, resignation or removal of the guardian of a mentally ill or mentally retarded person, the court, on the application of the former ward and after notice to his heirs apparent or presumptive, including the husband or wife, if any, and to the said department, may certify that the said ward is discharged by operation of law and, if it so appears, that guardianship of said ward is no longer necessary.