Sometimes it becomes apparent that a guardianship never should have been granted for a certain individual, even for some individuals with mental retardation. In such cases, it is appropriate to approach a Probate Court with a Motion to Terminate a Guardianship, or a Motion to Reduce a Guardianship to a Limited Guardianship. There are also provisions in the law where the ward may submit a motion to the Court asking that the guardianship be terminated. However, a Court may be reluctant to terminate a guardianship where the underlying condition that justified the guardianship (e.g., mental retardation) has not been cured.

When a guardian resigns, moves out of state or dies, the ward is left in legal limbo – still determined incompetent by a probate court in at least some areas of his life, but with no one who can legally act for him. That is why it is important to notify a probate court, the superior guardian, when a guardian is no longer available.

Also, note Section 2111.45 of the Revised Code that indicates that, "The marriage of a ward shall terminate the guardianship as to the person, but not as to the estate, of the ward." This law is based on the assumption that a spouse will now oversee the personal needs of the individual.