75-5-307. Removal or resignation of guardian.

294 words·~1 min read·/ut/title-75/chapter-5/75-5-307

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

Effective 5/4/2022

(1)On a petition of resignation from a guardian, the court may:

(a)accept the guardian's resignation; or

(b)make any other order that is appropriate.

(2)On a petition of removal of a guardian from the ward or any person interested in the ward's welfare, the court may remove a guardian if:

(a)the guardian obtained the appointment by fraud, deceit, or gross misrepresentation;

(b)the guardian fails to perform the guardian's duties described in Section 75-5-312 ;

(c)the guardian is unable to perform the guardian's duties, described in Section 75-5-312 , due to incapacity or illness;

(d)the guardian fails to use reasonable care and diligence in the management of the ward's estate;

(e)the guardian is found by the court to have filed a petition frivolously or in bad faith under Section 75-5-312.5 ;

(f)the guardian's interests have become adverse to the faithful performance of the guardian's duties and there is a risk that the guardian will fail to faithfully perform the guardian's duties; or

(g)removal of the guardian would be in the best interest of the ward.

(3)If the court removes a guardian under Subsection

(2), the court may:

(a)appoint a successor guardian; or

(b)make any other order that is appropriate.

(4)On a petition of resignation or removal of a guardian, the court shall follow the same procedures to safeguard the rights of the ward for a petition for appointment of a guardian under Section 75-5-303 .

(5)The court is not required to appoint an attorney to represent the ward if the case is uncontested and the ward's incapacity is not at issue.

Repealed and Re-enacted by Chapter 441 , 2022 General Session