Statutes | 4 HCC § 3 Chapter III § 90 | 2020

a. Appointment of an Interim Successor Guardian in the Event of Guardian&rsquos Death or Sudden Incapacitation. The Court shall select a successor guardian, from the list of possible successor guardians provided in the Guardianship Petition, upon the death or sudden incapacitation of the guardian. The interim successor guardian shall have the same powers and duties as the guardian, until a new guardian can be appointed pursuant to the procedures described below.

 

b. If a guardian dies, is removed by order of the Court, or revokes, the Court, on its own motion or upon receiving a motion of any interested party, shall schedule a Guardianship Hearing, so as to find a competent and suitable person to appoint as a successor guardian.

 

c. Procedures. The petition for appointment of a successor guardian shall be heard in the same manner and be subjected to the same requirements as provided in this Act for an original appointment of a guardian.

 

d. Naming of a successor guardian must occur simultaneously with the revocation or removal of the current guardian.

 

e. Appointment of Successor Guardian. If the Court determines removal is necessary to protect the best interests of the child, then it shall appoint a successor guardian. The successor guardians will be considered from the list provided in the original petition and a Guardianship Report submitted by CFS.