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. (1) Is acting under letters secured by material misrepresentation or mistake, whether fraudulent or innocent;
2. (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. (3) Is convicted of a crime which reflects on fitness for office;
4. (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. (5) Neglects the care and custody of the minor, the protected person or legal dependents;
6. (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. (7) Fails to file reports or accountings when required, or fails to comply with any order of court;
8. (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. (9) Fails to file sufficient bond after being ordered by the court to do so;
10. (10) Avoids service of process or notice;
11. (11) Becomes incapable of or unsuitable for the discharge of duties;
12. (12) Is not acting in the best interests of the minor or protected person or of the estate even though without fault; or
13. (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.