There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 29A-5-504 — Petition to remove guardian or conservator--Reasons for removal.
29A-5-504. Petition 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.
Source: SL 1993, ch 213, § 67; SDCL 30-36-67; SL 1995, ch 167, § 181.
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