29-4-61. Appointment of successor guardian and legal counsel; notice to interested parties; hearing.

The court shall appoint a successor guardian upon the resignation, death, or revocation of the letters of the guardian if the appointment of a successor guardian is in the best interest of the ward. The court shall select the successor guardian in the manner provided in Code Section 29-4-3.#

The court shall appoint legal counsel for the ward. In the event of the resignation or death of the guardian, notice of the proceeding for appointment of a successor guardian shall be given as provided in Code Sections 29-4-50 and 29-4-51. In all other cases, notice of the proceeding for appointment of a successor guardian shall be served personally on the ward and the ward’s legal counsel. Notice shall be made by first-class mail to the conservator of the ward, if any, and to the following persons whose whereabouts are known and who must be persons other than the proposed successor guardian:#

1. (1)

   The spouse of the ward; and#

2. (2)

   All adult children of the ward; or#

3. (3)

   If there is no adult child, then at least two adults in the following order of priority:#

   1. (A)

      Lineal descendants of the ward;#

   2. (B)

      Parents and siblings of the ward; and#

   3. (C)

      Friends of the ward.#

After a hearing which the court deems appropriate, the court shall enter an order appointing the successor guardian.#