Termination of judicial guardianship and its legal consequences

Abstract

Judicial guardianship is a temporary precautionary measure that ends when the reasons that led to it cease to exist, whether by the issuance of a final judicial ruling on the merits of the dispute or by an agreement between the concerned parties to terminate it. This termination entails the obligation of the judicial guardian to submit an accurate and documented final account for the period of his management of the entrusted funds, with the return of those funds to the rightful owner or to whomever the court appoints. The legal effects also include the discharge of the guardian from his obligations immediately upon the approval of the final account and the handover of the trust, and thus his authority to manage and legally represent the money ends. In the event of negligence or error during the guardianship period, the guardian’s liability remains in place to claim compensation for damages arising from his breach of his professional duties. Thus, the disputing parties regain their established legal positions, free from the constraints imposed by the nature of this special judicial procedure.