(1) (a) An individual with a severe intellectual disability, or any person interested in the individual's welfare, may petition for an order: (i) that the individual is not an individual with a severe intellectual disability; and (ii) for removal or resignation of the guardian in accordance with Section 75-5-612. (b) The court may specify a minimum period of time, not exceeding one year, during which no petition for the termination of a guardianship for an individual with a severe intellectual disability can be filed without leave from the court. (c) A request for the order described in this Subsection (1) may be made by informal letter to the court. (d) Any person who knowingly interferes with a request described in Subsection (1)(a) may be sanctioned by the court. (2) Notwithstanding Subsection (1), the authority and responsibility of a guardian for an individual with a severe intellectual disability terminates upon: (a) the death of the guardian or the individual; (b) the determination that the guardian is incapacitated; or (c) the removal or resignation of the guardian in accordance with Section 75-5-612. (3) Resignation of a guardian does not terminate the guardianship until the resignation has been approved by the court. (4) Termination of a guardian does not affect the guardian's liability for the guardian's prior acts or the guardian's obligation to account for funds and assets of the individual with a severe intellectual disability. (5) On a petition to order that an individual is no longer an individual with a severe intellectual disability, the court shall follow the same procedures to safeguard the rights of the individual with a severe intellectual disability on a petition for appointment of a guardian under Sections 75-5-603, 75-5-604, 75-5-606, and 75-5-607.
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