No natural person shall be eligible to act as guardian of an estate under the jurisdiction of any judge of the district court, if said judge of the district court is under any financial obligation whatsoever to such person. If any judge of the district court, while holding the office of judge of the district court, becomes pecuniarily liable to any guardian of any minor or incapacitated or partially incapacitated person, such liability shall operate to disqualify such guardian. It is hereby made the duty of the judge of the district court to enter on the court docket such disqualifying conditions. The disqualification shall also apply if such person, except a parent who is guardian of his or her own child or children has rendered financial aid to said judge, in securing his nomination and election to the office of judge of the district court, or his appointment as judge of the district court. Persons who have heretofore been appointed guardians, who are not eligible to act under this section shall be by the judge of the district court removed and successors appointed, as provided by law. If any person not eligible to act under this section continues to act as guardian, after such ineligibility has been legally determined, such person and the surety upon his bond shall be liable to the estate of the minor or incapacitated or partially incapacitated person for all money unlawfully paid by such ineligible guardian out of the estate of such minor or incapacitated or partially incapacitated person, and if a judge of the district court knowingly permits an ineligible person to act, he shall be removed from office.

Added by Laws 1923-24, c. 84, p. 100, § 1. Amended by Laws 1953, p. 248, § 84; Laws 1988, c. 329, § 74, eff. Dec. 1, 1988. Renumbered from Title 58, § 881 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 53, operative July 1, 1990.