Title 29, Chapter 2, Section 76
( 29-2-76)
Either a ward, on arriving at the age of majority, or a new guardian
legally appointed may apply to the judge of the probate court for an
order requiring the original guardian or his personal representative
to appear and submit to a settlement of his accounts. The citation
shall be served as are other citations and shall be returnable to a
regular term of the court. If the guardian fails or refuses to
appear as cited, the court may proceed without the appearance of the
guardian. If the guardian has been required to give bond, the
surety on such bond shall be bound by the settlement if the surety
is given notice by personal service of the settlement proceeding in
the probate court. If one or more unsuccessful attempts at service
are made by the sheriff or his deputy upon the guardian at the last
address of the guardian in the court records and it appears to the
judge of the probate court that further attempts are likely to be
futile, then service shall be sufficient upon the guardian for
purposes of this Code section if the citation is mailed by
first-class mail to such address. |