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Session Laws, 1969
Volume 692, Page 117   View pdf image
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MARVIN MANDEL, Governor                        117

219.    Protection of Person dealing with Guardian.

In the absence of actual knowledge or of reasonable cause to in-
quire as to whether the guardian is improperly exercising his
power, a person dealing with the guardian is not bound to inquire
whether the guardian is properly exercising his power, and is pro-
tected as if the guardian properly exercised the power, except that
every person shall be deemed to have actual knowledge of any lim-
itations endorsed on the letters of guardianship. A person is not
bound to see to the proper application of estate assets paid or de-
livered to a guardian.

220.    Termination of Appointment.

(a)    Generally. The appointment of a guardian shall be termi-
nated in accordance with Section 221 and may be sooner terminated
by his death, disability, resignation or removal.

(b)    Effect.

(1)    Powers and duties. Termination ends the right and power
pertaining to the office of guardian. However, a guardian whose ap-
pointment has been terminated shall (a) unless otherwise ordered
by the Court, perform acts necessary to protect the estate and (b)
deliver the property to the successor guardian.

(2)    Liability. Subject to the provisions of Section 209 (c),
termination does not discharge a guardian from liability for trans-
actions or omissions occurring before termination, or relieve him of
the duty to preserve property subject to his control, to account
therefor and to deliver such property to his successor.

(3)    Acts prior to termination. All lawful acts of a personal
representative before the termination of his appointment shall re-
main valid and effective.

(c)    Death or disability. The death of a guardian or the decree
of a court of competent jurisdiction that he is under legal disability
shall terminate his appointment. The personal representative of a
deceased guardian or the person appointed to protect the estate of a
guardian under legal disability shall have the duty to protect prop-
erty belonging to the estate being administered by the deceased or
disabled guardian, shall have the power to perform acts necessary
for the protection of property, shall immediately account for and
deliver the property to a successor guardian, and shall immediately
apply to the Court for the appointment of a successor guardian to
carry on the administration of the estate which was being admin-
istered by the deceased or disabled guardian.

(d)    Resignation. A guardian may resign his position by filing
a written statement of resignation with the Clerk or the Register
after he has given at least 15 days written notice to all interested
persons of his intention to resign. If no one applies for the appoint-
ment of a successor guardian, or if no appointment is made, within
such period, the resigning guardian may apply to the Court for the
appointment of his successor. Upon the appointment of such suc-
ces