The adult, his personal representative, the conservator or guardian or any other interested persons, including the department, can petition the court for removal of the guardian/conservator and request the appointment of a successor, if in the adult’s best interest. The court can remove a guardian or conservator, modify, or terminate a guardianship or conservatorship on the basis that the guardian/conservator:

1. A. is incapacitated;
2. B. has abused, neglected or exploited the adult;
3. C. is unable or unwilling to carry out his statutory duties;
4. D. continued function as guardian/conservator is not in the adult’s best interest; or
5. E. the adult is no longer incapacitated and is capable of managing his person or finances and property.

[8.11.5.19 NMAC - Rp, 8 NMAC 11.5.19, 10/30/08]