Section 1598/8.- The guardian shall be discharged by the Court on the following grounds :

                  (1) The guardian fails to perform his duties ;

                  (2) The guardian is guilty of gross negligence in performing his duties ;

                  (3) The guardian abuses his functions ;

                  (4) The guardian is guilty of such misconduct as to make him unworthy of the post ;

                  (5) The guardian is so inefficient in his duties that the ward’s interest is likely to be imperilled;

                  (6) There is an occurrence as provided in Section 1587 (3), (4) or (5).

 

Section 1598/9.- An application for discharge of a guardian under Section 1598/8 may be made by the ward himself if his age is not less than fifteen years complete or by a relative of the ward or by the Public Prosecutor.

 

Section 1598/10.- When an application for the discharge of a guardian is pending in Court, the Court may appoint in his stead a temporary manager of the property of the ward.

 

Section 1598/11.- When the guardianship or the functions of the guardian are terminated, the guardian or his heir must without delay hand over to the ward, his heir or to the new guardian the property managed.

Section 1580 and Section 1581 shall apply mutatis mutandis.

 

Section 1598/12.- Interest shall be paid on the amount of money which either the guardian or the ward has to repay to the other, from the time when the account of the guardianship is delivered.

If the guardian has disposed of the ward’s money otherwise than for the benefit of the latter, he shall pay interest thereon from the day when he disposed of such money.

 

Section 1598/13.- The ward has a preferential right over the whole property of the guardian for the performance of the obligations due to him.

This preferential right shall rank as (6) after the other general preferential rights specified in Section 253 of this Code.

 

Section 1598/14.- A guardian is not entitled to receive remuneration, except in the following cases :

                  (1) It is provided in the will that the guardian is entitled to the remuneration, in which case the guardian shall receive the remuneration at such amount as provided in the will ;

                  (2) In case no remuneration is provided in the will, but there is no restriction as to the guardian to receive the remuneration. The guardian may apply subsequently to the Court for determining the remuneration, and the Court may or may not determine it ;

                  (3) In case of no appointment of the guardian is provided in the will and there is no restriction to the guardian to receive the remuneration, the remuneration of the guardian may be determined by the Court in the order appointing the guardian, or, if not being determined, the guardian may apply subsequently to the Court for having it determined, and the Court may or may not determine it.

In determining the remuneration, the Court shall take the circumstances, income and condition in life of the guardian into consideration.

If the guardian or the ward can prove that the circumstances, income or condition in life of the guardian or of the ward has changed after the commencement of the guardianship, the Court may give an order effecting the payment, suspension, reduction, increase or recovery of payment of the remuneration, as the case may be ; and , this shall also apply to the case where the will prohibits the guardian from receiving remuneration.