Petition for removal.
1. The following persons may petition the court to have a guardian removed:
(a) The ward;
(b) The spouse of the ward;
(c) Any relative who is within the second degree of consanguinity to the ward;
(d) A public guardian; or
(e) Any other interested person.
2. The petition must:
(a) State with particularity the reasons for removing the guardian; and
(b) Show cause for the removal.
3. If the court denies the petition for removal, the petitioner shall not file a subsequent petition unless a material change of circumstances warrants a subsequent petition.
4. If the court finds that the petitioner did not file a petition for removal in good faith or in furtherance of the best interests of the ward, the court may:
(a) Disallow the petitioner from petitioning the court for attorney’s fees from the estate of the ward; and
(b) Impose sanctions on the petitioner in an amount sufficient to reimburse the estate of the ward for all or part of the expenses incurred by the estate of the ward in responding to the petition and for any other pecuniary losses which are associated with the petition.
Last modified: February 25, 2006