75-5-307. Removal or resignation of guardian.
(1) On a petition of resignation from a guardian, the court may: accept the guardian's resignation; or make any other order that is appropriate.
(2) On a petition of removal of a guardian from the ward or any person interested in the ward's welfare, the court may remove a guardian if: the guardian obtained the appointment by fraud, deceit, or gross misrepresentation; the guardian fails to perform the guardian's duties described in Section; 75-5-312 the guardian is unable to perform the guardian's duties, described in Section, due to incapacity or illness; 75-5-312 the guardian fails to use reasonable care and diligence in the management of the ward's estate; the guardian is found by the court to have filed a petition frivolously or in bad faith under Section; 75-5-312.5 the guardian's interests have become adverse to the faithful performance of the guardian's duties and there is a risk that the guardian will fail to faithfully perform the guardian's duties; or removal of the guardian would be in the best interest of the ward.
(3) If the court removes a guardian under Subsection, the court may: (2) appoint a successor guardian; or make any other order that is appropriate.
(4) On a petition of resignation or removal of a guardian, the court shall follow the same procedures to safeguard the rights of the ward for a petition for appointment of a guardian under Section. 75-5-303
(5) The court is not required to appoint an attorney to represent the ward if the case is uncontested and the ward's incapacity is not at issue.