§ 29a-5-504

29A-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

dian 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;(12)Is not acting in the best interests of the minor or protected person or of the estate even though without fault; or(13)Fails to complete or timely complete the training curricula required pursuant to § 29A-5-119. Source: SL 1993, ch 213, §67; SDCL 30-36-67; SL 1995, ch 167, §181; SL 2021, ch 121, § 6.

29A-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

dian 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;(12)Is not acting in the best interests of the minor or protected person or of the estate even though without fault; or(13)Fails to complete or timely complete the training curricula required pursuant to § 29A-5-119. Source: SL 1993, ch 213, §67; SDCL 30-36-67; SL 1995, ch 167, §181; SL 2021, ch 121, § 6.