81.38 - Vacancy in office.

§ 81.38 Vacancy in office.    (a)  Interim  guardian.  A  vacancy  created  by  the  death, removal,  discharge, resignation, or suspension of a guardian shall be  filled  by  the  court.    Upon the application of any person entitled to commence a  proceeding under this  article,  the  court  shall  appoint  an  interim  guardian  who  shall  serve for a period of ninety days or until a final  accounting is filed and a successor guardian is appointed by the  court.  The  powers  and  duties  of  the interim guardian shall be specifically  enumerated in the order of appointment. The court may require service of  the order to show cause seeking the appointment of an  interim  guardian  on any persons it deems appropriate.    (b)  Standby guardian. At the time of the appointment of the guardian,  the court may in its discretion appoint a standby guardian to act in the  event that the guardian  shall  resign,  die,  be  removed,  discharged,  suspended,  or  become  incapacitated.  The  court  may  also appoint an  alternate and/or successive alternates to the standby guardian,  to  act  if  the  standby  guardian  shall  resign,  die, be removed, discharged,  suspended, or  become  incapacitated.  Such  standby  guardian,  or  the  alternate  in  the  event  of the standby guardian's resignation, death,  removal, discharge, suspension  or  adjudication  of  incapacity,  shall  without  further  proceedings  be  empowered  to  immediately assume the  duties  of  office  immediately  upon   resignation,   death,   removal,  discharge,  suspension or adjudication of incapacity, of the guardian or  the standby guardian as set forth in the order of  appointment,  subject  only  to  the  confirmation  of  appointment  by  the  court  sixty days  following the assumption of the duties of the office. Before  confirming  the  appointment  of a standby guardian, the court may conduct a hearing  in accordance with the provisions set forth in  section  81.11  of  this  article  upon  petition  of any person entitled to commence a proceeding  under this article.