Section 307 – Removal or resignation of guardian.

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Repealed and Re-enacted by Chapter 441, 2022 General Session