§5-126. Grievance against guardian or conservator

396 words·~2 min read·/me/title-18-c-probate-code/5-126

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. File a grievance with the court. An individual who is subject to guardianship or conservatorship, or a person interested in the welfare of an individual subject to guardianship or conservatorship, who reasonably believes a guardian or conservator is breaching the guardian's or conservator's fiduciary duty or otherwise acting in a manner inconsistent with this Act may file a grievance with the court. The grievance must be in writing or another record.

[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Procedure upon receiving grievance. Subject to subsection 3 , after receiving a grievance under subsection 1 , the court:

A. Shall review the grievance and, if necessary to determine the appropriate response to the grievance, court records related to the guardianship or conservatorship; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

B. Shall schedule a hearing if the individual subject to guardianship or conservatorship is an adult and the grievance supports a reasonable belief that:

(1)Removal of the guardian and appointment of a successor may be appropriate in accordance with section 5-318 ;

(2)Termination or modification of the guardianship may be appropriate under section 5-319 ;

(3)Removal of the conservator and appointment of a successor may be appropriate under section 5-430 ;

(4)Termination or modification of the conservatorship may be appropriate under section 5-431 ; and [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

C. May take any action supported by the grievance and record, including:

(1)Ordering the guardian or conservator to provide to the court a report, accounting, inventory, updated plan or other information;

(2)Appointing a guardian ad litem;

(3)Appointing an attorney for the individual subject to guardianship or conservatorship; or

(4)Scheduling a hearing. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

3. Similar grievance filed within 6 months. The court may decline to proceed under subsection 2 if a similar grievance was made within the preceding 6 months and the court followed the procedures of subsection 2 in considering the grievance.

[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]