§ 81.36 Discharge or modification of powers of guardian.\n (a) The court appointing the guardian shall discharge such guardian,\nor modify the powers of the guardian where appropriate, if it appears to\nthe satisfaction of the court that:\n 1. the incapacitated person has become able to exercise some or all of\nthe powers necessary to provide for personal needs or property\nmanagement which the guardian is authorized to exercise;\n 2. the incapacitated person has become unable to exercise powers\nnecessary to provide for personal needs or property management which the\nguardian is not authorized to exercise;\n 3. the incapacitated person has died; or\n 4. for some other reason, the appointment of the guardian is no longer\nnecessary for the incapacitated person, or the powers of the guardian\nshould be modified based upon changes in the circumstances of the\nincapacitated person.\n (b) The application for relief under this section may be made by the\nguardian, the incapacitated person, or any person entitled to commence a\nproceeding under this article.\n (c) There shall be a hearing on notice to the persons entitled to\nnotice pursuant to paragraph three of subdivision (c) of section 81.16\nof this article. The court may for good cause shown dispense with the\nhearing provided that an order of modification increasing the powers of\nthe guardian shall set forth the factual basis for dispensing with the\nhearing. If the incapacitated person or his or her counsel raises an\nissue of fact as to the ability of the incapacitated person to provide\nfor his or her personal needs or property management and demands a jury\ntrial of such issue, the court shall order a trial by jury thereof.\n (d) To the extent that relief sought under this section would\nterminate the guardianship or restore certain powers to the\nincapacitated person, the burden of proof shall be on the person\nobjecting to such relief. To the extent that relief sought under this\nsection would further limit the powers of the incapacitated person, the\nburden shall be on the person seeking such relief.\n (e) If the guardian is discharged because the incapacitated person\nbecomes fully able to care for his or her property, the court shall\norder that there be restored to such person the property remaining in\nthe hands of the guardian. If the incapacitated person dies, the\nguardian shall provide for such person's burial or other disposition the\ncost of which shall be borne by the estate of the incapacitated person.\n
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