Resignation or removal proceedings.
(a) Any person interested in the welfare of a ward, or the ward, if fourteen or more years of age, may petition for removal of a guardian on the ground that removal would be in the best interest of the ward. A guardian may petition for permission to resign. A petition for removal or for permission to resign may, but need not, include a request for appointment of a successor guardian.
(b) After notice and hearing on a petition for removal or for permission to resign, the court may terminate the guardianship and make any further order that may be appropriate.
(c) If, at any time in the proceeding, the court determines that the interests of the ward are, or may be, inadequately represented, it may appoint an attorney to represent the minor, giving consideration to the preference of the minor if the minor is fourteen or more years of age.
Source:Laws 1974, LB 354, § 234, UPC § 5-212.
An attorney appointed under subsection (c) of this section is an advocate for the minor child and is not a guardian ad litem. In re Guardianship of Robert D., 269 Neb. 820, 696 N.W.2d 461 (2005).
Whether to appoint an attorney to represent a minor child pursuant to subsection (c) of this section is a matter entrusted to the discretion of the trial court. In re Guardianship of Robert D., 269 Neb. 820, 696 N.W.2d 461 (2005).
This section does not distinguish between guardians appointed by will or by the court; consequently, whether appointed by will or by the court, the standard for removal of the guardian of a minor pursuant to this section is the same: the best interests of the ward. In re Estate of Jeffrey B., 268 Neb. 761, 688 N.W.2d 135 (2004).
In guardianship termination proceedings involving a biological or adoptive parent, the parental preference principle serves to establish a rebuttable presumption that the best interests of a child are served by reuniting the child with his or her parent. In re Guardianship of D.J., 268 Neb. 239, 682 N.W.2d 238 (2004).