State Codes and Statutes
Statutes > South-dakota > Title-29a > Chapter-05 > Statute-29a-5-50429A-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.
