Section 5-126 - Grievance against guardian or conservator1.File a grievance with the court. An individual who is subject to guardianship or conservatorship, or a person interested in the welfare of an individual subject to guardianship or conservatorship, who reasonably believes a guardian or conservator is breaching the guardian's or conservator's fiduciary duty or otherwise acting in a manner inconsistent with this Act may file a grievance with the court. The grievance must be in writing or another record. [2017, c. 402, Pt. A, §2(NEW); 2019, c. 417, Pt. B, §14(AFF).]
2.Procedure upon receiving grievance. Subject to subsection 3, after receiving a grievance under subsection 1, the court: A. Shall review the grievance and, if necessary to determine the appropriate response to the grievance, court records related to the guardianship or conservatorship; [2017, c. 402, Pt. A, §2(NEW); 2019, c. 417, Pt. B, §14(AFF).]B. Shall schedule a hearing if the individual subject to guardianship or conservatorship is an adult and the grievance supports a reasonable belief that:(1) Removal of the guardian and appointment of a successor may be appropriate in accordance with section 5-318;(2) Termination or modification of the guardianship may be appropriate under section 5-319;(3) Removal of the conservator and appointment of a successor may be appropriate under section 5-430;(4) Termination or modification of the conservatorship may be appropriate under section 5-431; and [2017, c. 402, Pt. A, §2(NEW); 2019, c. 417, Pt. B, §14(AFF).]C. May take any action supported by the grievance and record, including: (1) Ordering the guardian or conservator to provide to the court a report, accounting, inventory, updated plan or other information;(2) Appointing a guardian ad litem;(3) Appointing an attorney for the individual subject to guardianship or conservatorship; or(4) Scheduling a hearing. [2017, c. 402, Pt. A, §2(NEW); 2019, c. 417, Pt. B, §14(AFF).] [2017, c. 402, Pt. A, §2(NEW); 2019, c. 417, Pt. B, §14(AFF).]
3.Similar grievance filed within 6 months. The court may decline to proceed under subsection 2 if a similar grievance was made within the preceding 6 months and the court followed the procedures of subsection 2 in considering the grievance. [2017, c. 402, Pt. A, §2(NEW); 2019, c. 417, Pt. B, §14(AFF).]
Amended by 2019, c. 417,§ B-14, eff. 6/20/2019.Added by 2018, c. 402,§ A-2, eff. 7/1/2019.