§560:5-112 - Termination of or change in guardian's or conservator's appointment.
§560:5-112 Termination of or change in
guardian's or conservator's appointment. (a) The appointment of a
guardian or conservator terminates upon the death, resignation, or removal of
the guardian or conservator or upon termination of the guardianship or
conservatorship. A resignation of a guardian or conservator is effective when
approved by the applicable court. An appointment by a parent, spouse, or
reciprocal beneficiary as guardian under an informally probated will terminates
if the will is later denied probate in a formal proceeding. Termination of the
appointment of a guardian or conservator does not affect the liability of
either for previous acts or the obligation to account for money and other
assets of the ward or protected person.
(b) A ward, protected person, person
interested in the welfare of a ward or protected person, or governmental agency
may petition for removal of a guardian or conservator on the ground that
removal would be in the best interest of the ward or protected person or for
other good cause. A guardian or conservator may petition for permission to
resign. A petition for removal or permission to resign may include a request
for appointment of a successor guardian or conservator.
(c) The court may appoint an additional guardian
or conservator at any time, to serve immediately or upon some other designated
event, and may appoint a successor guardian or conservator in the event of a
vacancy or make the appointment in contemplation of a vacancy, to serve if a
vacancy occurs. An additional or successor guardian or conservator may file an
acceptance of appointment at any time after the appointment, but not later than
thirty days after the occurrence of the vacancy or other designated event. The
additional or successor guardian or conservator becomes eligible to act on the
occurrence of the vacancy or designated event, or the filing of the acceptance
of appointment, whichever last occurs. A successor guardian or conservator
succeeds to the predecessor's powers, and a successor conservator succeeds to
the predecessor's title to the protected person's assets.
(d) Notwithstanding section 560:1-401, the
court, without a hearing, may remove or accept the resignation of a guardian
and appoint the public guardian under chapter 551A as a temporary or successor
guardian upon the filing of a petition with notice by regular mail to the last
known address of those persons entitled to notice in section 560:5-309 and upon
such instructions as the court deems necessary. [L 2004, c 161, pt of §1]