§ 35A-1290. Removal by Clerk.
Article 13.
Removal or Resignation ofGuardian; Successor Guardian; Estates Without Guardians; Termination ofGuardianship.
§ 35A‑1290. Removal byClerk.
(a) The clerk has thepower and authority on information or complaint made to remove any guardian appointedunder the provisions of this Subchapter, to appoint successor guardians, and tomake rules or enter orders for the better management of estates and the bettercare and maintenance of wards and their dependents.
(b) It is the clerk'sduty to remove a guardian or to take other action sufficient to protect theward's interests in the following cases:
(1) The guardian wastesthe ward's money or estate or converts it to his own use.
(2) The guardian in anymanner mismanages the ward's estate.
(3) The guardianneglects to care for or maintain the ward or his dependents in a suitablemanner.
(4) The guardian or hissureties are likely to become insolvent or to become nonresidents of the State.
(5) The originalappointment was made on the basis of a false representation or a mistake.
(6) The guardian hasviolated a fiduciary duty through default or misconduct.
(7) The guardian has aprivate interest, whether direct or indirect, that might tend to hinder or beadverse to carrying out his duties as guardian.
(c) It is the clerk'sduty to remove a guardian or to take other action sufficient to protect theward's interests in the following cases:
(1) The guardian hasbeen adjudged incompetent by a court of competent jurisdiction and has not beenrestored to competence.
(2) The guardian hasbeen convicted of a felony under the laws of the United States or of any stateor territory of the United States or of the District of Columbia and hiscitizenship has not been restored.
(3) The guardian wasoriginally unqualified for appointment and continues to be unqualified, or theguardian would no longer qualify for appointment as guardian due to a change inresidence, a change in the charter of a corporate guardian, or any otherreason.
(4) The guardian is theward's spouse and has lost his rights as provided by Chapter 31A of the GeneralStatutes.
(5) The guardian failsto post, renew, or increase a bond as required by law or by order of the court.
(6) The guardian refusesor fails without justification to obey any citation, notice, or process servedon him in regard to the guardianship.
(7) The guardian failsto file required accountings with the clerk.
(8) The clerk finds theguardian unsuitable to continue serving as guardian for any reason.
(9) The guardian is anonresident of the State and refuses or fails to obey any citation, notice, orprocess served on the guardian or the guardian's process agent. (1987, c. 550, s. 1; 2004‑203,s. 31(b).)