75-5-307 - Removal or resignation of guardian -- Termination of incapacity.
75-5-307. Removal or resignation of guardian -- Termination of incapacity.
(1) On petition of the ward or any person interested in the ward's welfare, the court mayremove a guardian and appoint a successor if in the best interests of the ward. On petition of theguardian, the court may accept the guardian's resignation and make any other order which may beappropriate.
(2) An order adjudicating incapacity may specify a minimum period, not exceeding oneyear, during which no petition for an adjudication that the ward is no longer incapacitated may befiled without special leave. Subject to this restriction, the ward or any person interested in theward's welfare may petition for an order that the ward is no longer incapacitated and for removalor resignation of the guardian. A request for this order may be made by informal letter to thecourt or judge and any person who knowingly interferes with transmission of this kind of requestto the court or judge may be adjudged guilty of contempt of court.
(3) Before removing a guardian, accepting the resignation of a guardian, or ordering thata ward's incapacity has terminated, the court shall follow the same procedures to safeguard therights of the ward as apply to a petition for appointment of a guardian as provided under Section75-5-303.
Amended by Chapter 104, 1988 General Session