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     29A-5-504.   Petition to remove guardian or conservator--Reasons for removal. 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; or
             (12)      Is not acting in the best interests of the minor or protected person or of the estate even though without fault.

Source: SL 1993, ch 213, § 67; SDCL 30-36-67; SL 1995, ch 167, § 181.


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