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29A-5-504Petition 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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