§ 75-5-307 — Removal or resignation of guardian.

(1) On a petition of resignation from a guardian, the court may:

(1)(a) accept the guardian's resignation; or
(1)(b) make any other order that is appropriate.
(2) On a petition of removal of a guardian from the ward or any person interested in the ward's welfare, the court may remove a guardian if:

(2)(a) the guardian obtained the appointment by fraud, deceit, or gross misrepresentation;
(2)(b) the guardian fails to perform the guardian's duties described in Section 75-5-312;
(2)(c) the guardian is unable to perform the guardian's duties, described in Section 75-5-312, due to incapacity or illness;
(2)(d) the guardian fails to use reasonable care and diligence in the management of the ward's estate;
(2)(e) the guardian is found by the court to have filed a petition frivolously or in bad faith under Section 75-5-312.5;
(2)(f) the guardian's interests have become adverse to the faithful performance of the guardian's duties and there is a risk that the guardian will fail to faithfully perform the guardian's duties; or
(2)(g) removal of the guardian would be in the best interest of the ward.
(3) If the court removes a guardian under Subsection (2), the court may:

(3)(a) appoint a successor guardian; or
(3)(b) make any other order that is appropriate.
(4) On a petition of resignation or removal of a guardian, the court shall follow the same procedures to safeguard the rights of the ward for a petition for appointment of a guardian under Section 75-5-303.
(5) The court is not required to appoint an attorney to represent the ward if the case is uncontested and the ward's incapacity is not at issue.

Legislative History

Repealed and Re-enacted by Chapter 441, 2022 General Session