§ 463:14 — Resignation or Removal of Guardian

I. Any person appointed as guardian over the person or of an estate or both shall serve until resignation accepted by the court, removal by the court for cause, death of the guardian, or termination of the guardianship pursuant to this section.
II. A guardian desiring to resign shall request court approval of such resignation in writing.
III. Resignation of a guardian is not effective until accepted by the court and until a successor guardian is appointed or the guardianship is terminated.
IV. Any person interested in the welfare of the minor may petition for the removal of the guardian of the person or of the estate or of both for cause.
V. The resignation, removal, or death of the guardian shall not terminate the guardianship unless expressly so ordered by the court. If the guardianship is not terminated by order of the court, the court shall appoint a successor guardian.
VI. The resignation accepted by the court, removal, death of the guardian, or termination of the guardianship shall terminate the authority of the guardian, but shall not release the guardian from responsibility for any act or omission occurring during the period of the guardian's appointment.
VII. Any resignation or removal may be conditioned on such requirements or occurrences as the court may specify in the exercise of its reasonable discretion. The court may make such further orders as may be appropriate, including the requiring of the filing of a report on the general welfare of the minor, including but not limited to the residence, mental and physical health, and education of the minor.

Legislative History

1995, 222:1, eff. Jan. 1, 1996.