(1) On a petition of resignation from a guardian of an individual with a severe intellectual disability, the court may: (a) accept the guardian's resignation; or (b) make any other order that is appropriate. (2) On a petition of removal of a guardian from the individual with a severe intellectual disability or any person interested in the individual's welfare, the court may remove a guardian if: (a) the guardian obtained the appointment by fraud, deceit, or gross misrepresentation; (b) the guardian fails to perform the guardian's duties or responsibilities described in: (i) Section 75-5-611 if the individual is in full guardianship; or (ii) Section 75-5-312 if the individual is in a limited guardianship; (c) the guardian is unable to perform the guardian's duties or responsibilities due to incapacity or illness; (d) the guardian fails to use reasonable care and diligence in the management of the individual's estate; (e) the individual is in a limited guardianship, the guardian is not permitted to restrict the individual's association, and the guardian is found by the court to have filed a petition frivolously or in bad faith under Section 75-5-312.5; (f) the guardian's interests have become adverse to the faithful performance of the guardian's duties and there is a risk that the guardian will fail to faithfully perform the guardian's duties; or (g) removal of the guardian would be in the best interest of the individual. (3) If the court removes a guardian under Subsection (2), the court may: (a) appoint a successor guardian; or (b) make any other order that is appropriate. (4) On a petition of resignation or removal of a guardian, the court shall follow the same procedures to safeguard the rights of the individual with a severe intellectual disability on a petition for appointment of a guardian under Sections 75-5-603, 75-5-604, 75-5-606, and 75-5-607. (5) The court is not required to appoint an attorney to represent the individual with a severe intellectual disability upon the removal or resignation of the individual's guardian if the case is uncontested and the individual's incapacity is not at issue.
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