What occurs when a ward regains capacity?

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When a ward regains capacity, guardianship is terminated, and the individual regains their rights. This reflects the core principle of guardianship, which is designed to protect individuals who temporarily lack the ability to make decisions for themselves due to physical or mental limitations.

When it is determined that a ward has regained their capacity—meaning they can understand and make informed decisions about their life again—the legal framework surrounding guardianship mandates that the guardianship must end. This restoration of rights allows the individual to manage their own affairs, make choices, and participate fully in society once again, reflecting the belief in personal autonomy and self-determination.

Other options reflect misconceptions about guardianship. The idea that a guardian would be rewarded for their service does not align with the primary focus of guardianship being the ward's welfare, not the guardian’s recognition. Placing the ward under new guardianship would also suggest a lack of improvement in the ward's capacity, which contradicts the scenario of regaining capacity. Retaining responsibilities towards the ward after they have regained their capacity would undermine the purpose of the guardianship itself, as it implies ongoing control rather than the restoration of rights.

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