South Dakota § 29A-5-504 Petition to remove guardian or conservator--Reasons for removal.

South Dakota Statutes

§ 29A-5-504 — Petition to remove guardian or conservator--Reasons for removal.

South Dakota·Title 29A UNIFORM PROBATE CODE·Ch. 29A-4 SOUTH DAKOTA GUARDIANSHIP AND CONSERVATORSHIP ACT

Upon petition by any interested person or on the court's own motion, the court may remove a guardian or conservator or order other appropriate relief if the guardian or conservator:

(1)Is acting under letters secured by material misrepresentation or mistake, whether fraudulent or innocent;

(2)Has an incapacity or illness, including substance abuse, which affects fitness for office, or is adjudged to be a protected person in this or in any other jurisdiction;

(3)Is convicted of a crime which reflects on fitness for office;

(4)Wastes or mismanages the estate, unreasonably withholds distributions or makes distributions in a negligent or profligate manner, or otherwise abuses powers or fails to discharge duties;

(5)Neglects the care and custody of the minor, the protected p

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Upon petition by any interested person or on the court's own motion, the court may remove a guardian or conservator or order other appropriate relief if the guardian or conservator: (1) Is acting under letters secured by material misrepresentation or mistake, whether fraudulent or innocent; (2) Has an incapacity or illness, including substance abuse, which affects fitness for office, or is adjudged to be a protected person in this or in any other jurisdiction; (3) Is convicted of a crime which reflects on fitness for office; (4) Wastes or mismanages the estate, unreasonably withholds distributions or makes distributions in a negligent or profligate manner, or otherwise abuses powers or fails to discharge duties; (5) Neglects the care and custody of the minor, the protected person or legal dependents; (6) Has an interest adverse to the faithful performance of duties such that there is a substantial risk that the guardian or conservator will fail to properly perform those duties; (7) Fails to file reports or accountings when required, or fails to comply with any order of court; (8) Acts in a manner that threatens the personal or financial security of a co - guardian or co - conservator or endangers the surety on the bond; (9) Fails to file sufficient bond after being ordered by the court to do so; (10) Avoids service of process or notice; (11) Becomes incapable of or unsuitable for the discharge of duties; (12) Is not acting in the best interests of the minor or protected person or of the estate even though without fault; or (13) Fails to complete or timely complete the training curricula required pursuant to § 29A-5-119 .

South Dakota § 29A-5-504 (Petition to remove guardian or conservator--Reasons for removal.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.