US Laws, Codes, Statutes & Cases

 
  § 81.38 Vacancy in office.
    (a)  Interim  guardian.  A  vacancy  created  by  the  death, removal,
  discharge, resignation, or suspension of a guardian shall be  filled  by
  the  court.    Upon the application of any person entitled to commence a
  proceeding under this  article,  the  court  shall  appoint  an  interim
  guardian  who  shall  serve for a period of ninety days or until a final
  accounting is filed and a successor guardian is appointed by the  court.
  The  powers  and  duties  of  the interim guardian shall be specifically
  enumerated in the order of appointment. The court may require service of
  the order to show cause seeking the appointment of an  interim  guardian
  on any persons it deems appropriate.
    (b)  Standby guardian. At the time of the appointment of the guardian,
  the court may in its discretion appoint a standby guardian to act in the
  event that the guardian  shall  resign,  die,  be  removed,  discharged,
  suspended,  or  become  incapacitated.  The  court  may  also appoint an
  alternate and/or successive alternates to the standby guardian,  to  act
  if  the  standby  guardian  shall  resign,  die, be removed, discharged,
  suspended, or  become  incapacitated.  Such  standby  guardian,  or  the
  alternate  in  the  event  of the standby guardian's resignation, death,
  removal, discharge, suspension  or  adjudication  of  incapacity,  shall
  without  further  proceedings  be  empowered  to  immediately assume the
  duties  of  office  immediately  upon   resignation,   death,   removal,
  discharge,  suspension or adjudication of incapacity, of the guardian or
  the standby guardian as set forth in the order of  appointment,  subject
  only  to  the  confirmation  of  appointment  by  the  court  sixty days
  following the assumption of the duties of the office. Before  confirming
  the  appointment  of a standby guardian, the court may conduct a hearing
  in accordance with the provisions set forth in  section  81.11  of  this
  article  upon  petition  of any person entitled to commence a proceeding
  under this article.