29-2-40. Petition to resign guardianship; requirements; service; hearing; appointment of successor guardian.

A guardian or the duly authorized guardian, conservator, or attorney in fact of a guardian, acting on behalf of the guardian, may resign upon petition to the court, showing to the satisfaction of the court that:#

1. (1)

   The guardian is unable to continue to serve due to age, illness, infirmity, or other good cause;#

2. (2)

   Greater burdens have devolved upon the office of guardian than those that were originally contemplated or should have been contemplated when the guardian was qualified and the additional burdens work a hardship upon the guardian;#

3. (3)

   Disagreement exists between the minor and the guardian or between the guardian and the conservator in respect of the guardian’s care of the minor, which disagreement and conflict appear to be detrimental to the minor;#

4. (4)

   The resignation of the guardian will result in or permit substantial financial benefit to the minor; or#

5. (5)

   The resignation would not be disadvantageous to the minor.#

The petition for resignation shall include the name of a suitable person who is willing to accept the guardianship.#

Personal service of the petition for resignation shall be made upon the minor and a guardian ad litem appointed by the court for the minor. Service shall be made by first-class mail to the parents of the minor in the event of the resignation of a temporary guardian, to the conservator of the minor, if any, and, in the following order of preference, to the following relatives of the minor whose whereabouts are known and who must be persons other than the resigning guardian or the proposed successor guardian:#

1. (1)

   The adult siblings of the minor; provided, however, that not more than three adult siblings need be served;#

2. (2)

   If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need be served; or#

3. (3)

   If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section 53-2-1.#

If after such hearing as the court deems appropriate, the court is satisfied that the petition for the resignation of the guardian and the appointment of the successor guardian should be granted, the court shall enter an order appointing the successor guardian in accordance with the provisions of Code Section 29-2-51 and accept the resignation, subject to the resigning guardian turning over to the successor guardian or conservator all property of the minor held by the guardian.#