§5-126. Grievance against guardian or conservator
                  1. 
                                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.
                                     
                                
                [PL 2017, c. 402, Pt. A, §2 (NEW); PL 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;
                                     
                                [PL 2017, c. 402, Pt. A, §2 (NEW); PL 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
                                     
                                [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
                  C.
                                        May take any action supported by the grievance and record, including:
                                     
                                
                [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
              
                                            (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.
                                     
                                [PL 2017, c. 402, Pt. A, §2 (NEW); PL 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.
                                     
                                
                [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
              
                        SECTION HISTORY
                        
            PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).