14-5415. Resignation or substitution of conservator

A. On petition of the protected person or any person interested in the protected person's welfare, or on the court's own initiative, the court shall substitute a conservator and appoint a successor if the substitution is in the best interest of the protected person. The court does not need to find that the conservator acted inappropriately to find that the substitution is in the protected person's best interest. The conservator and the conservator's attorney may be compensated from the protected person's estate for defending against a petition for substitution only for the amount ordered by the court and on petition by the conservator or the conservator's attorney. When substituting a conservator and appointing a successor, the court may appoint an individual nominated by the protected person if the person is at least fourteen years of age and has, in the opinion of the court, sufficient mental capacity to make an intelligent choice. On petition of the conservator, the court may accept a resignation and make any other order that may be appropriate.

B. The protected person may petition the court for an order that the protected person is no longer in need of protection or petition for substitution of the conservator at any time. A request for this order may be made by informal letter to the court or judge. A person who knowingly interferes with the transmission of this request may be found in contempt of court.

C. An interested person, other than the conservator or protected person, shall not file a petition for adjudication that the protected person is no longer in need of protection earlier than one year after the entry of a protective order unless the court permits the person to file the petition on the basis of affidavits that there is reason to believe that the protected person is no longer in need of protection.

D. An interested person, other than the conservator or protected person, shall not file a petition to substitute a conservator earlier than one year after the entry of a protective order, unless the court permits the person to file the petition on the basis of affidavits that there is reason to believe that the current conservator will endanger the protected person's estate if the conservator is not substituted.

E. Before it orders that need for protection no longer exists, substituting a conservator or accepting the resignation of a conservator, the court, following the same procedures to safeguard the rights of the protected person that apply to a petition for appointment of a conservator, may require appropriate accounts and enter appropriate orders to preserve and protect the assets of the estate, to require reimbursement or payment as needed and to transfer assets or title thereto to appropriate successors.