75-5-612. Removal or resignation of a guardian.
(1) On a petition of resignation from a guardian of an individual with a severe intellectual disability, 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 individual with a severe intellectual disability or any person interested in the individual'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 or responsibilities described in: Sectionif the individual is in full guardianship; or 75-5-611 Sectionif the individual is in a limited guardianship; 75-5-312 the guardian is unable to perform the guardian's duties or responsibilities due to incapacity or illness; the guardian fails to use reasonable care and diligence in the management of the individual's estate; the individual is in a limited guardianship, the guardian is not permitted to restrict the individual's association, and 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 individual.
(3) If the court removes a guardian under Subsection (2), the court may: 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 individual with a severe intellectual disability on a petition for appointment of a guardian under Sections,,, and. 75-5-603 75-5-604 75-5-606 75-5-607
(5) The court is not required to appoint an attorney to represent the individual with a severe intellectual disability upon the removal or resignation of the individual's guardian if the case is uncontested and the individual's incapacity is not at issue.