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 may
remove a guardian and appoint a successor if in the best interests of the ward. On petition of the
guardian, the court may accept the guardian's resignation and make any other order which may be
appropriate.
(2) An order adjudicating incapacity may specify a minimum period, not exceeding one
year, during which no petition for an adjudication that the ward is no longer incapacitated may be
filed without special leave. Subject to this restriction, the ward or any person interested in the
ward's welfare may petition for an order that the ward is no longer incapacitated and for removal
or resignation of the guardian. A request for this order may be made by informal letter to the
court or judge and any person who knowingly interferes with transmission of this kind of request
to 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 that
a ward's incapacity has terminated, the court shall follow the same procedures to safeguard the
rights of the ward as apply to a petition for appointment of a guardian as provided under Section
75-5-303.
Amended by Chapter 104, 1988 General Session
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Last revised: Thursday, May 28, 2009