14-5307. Removal or resignation of guardian;
termination of incapacity
A. On petition of the ward or any person interested in his welfare, the court may
remove a guardian and appoint a successor if it is in the best interests of the ward. On
petition of the guardian, the court may accept a resignation and make any other order
which may be appropriate.
B. 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 his welfare may petition the court for an order that the ward
is no longer incapacitated and for the removal or resignation of the guardian. A request
for this order may be made by informal letter to the court or judge. Any person who
knowingly interferes with the transmission of this request may be found in contempt of
court.
C. Before removing a guardian, accepting the resignation of a guardian or ordering
that a ward's incapacity has terminated, the court, following the same procedures to
safeguard the rights of the ward as apply to a petition for appointment of a guardian,
may send an investigator to the residence of the present guardian and to the place where
the ward resides or is detained to observe conditions and report in writing to the court.
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