14-5311
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14-5311. Who may be guardian; priorities A. Any qualified person may be appointed guardian of an incapacitated person, subject to the requirements of section 14-5106. B. The court may consider the following persons for appointment as guardian in the following order: 1. A guardian or conservator of the person or a fiduciary appointed or recognized by the appropriate court of any jurisdiction in which the incapacitated person resides. 2. An individual or corporation nominated by the incapacitated person if the person has, in the opinion of the court, sufficient mental capacity to make an intelligent choice. 3. The person nominated in the incapacitated person's most recent durable power of attorney. 4. The spouse of the incapacitated person. 5. An adult child of the incapacitated person. 6. A parent of the incapacitated person, including a person nominated by will or other writing signed by a deceased parent. 7. Any relative of the incapacitated person with whom the incapacitated person has resided for more than six months before the filing of the petition. 8. The nominee of a person who is caring for or paying benefits to the incapacitated person. 9. If the incapacitated person is a veteran, the spouse of a veteran or the minor child of a veteran, the department of veterans' services. 10. A fiduciary, guardian or conservator. C. A person listed in subsection B, paragraph 4, 5, 6, 7 or 8 may nominate in writing a person to serve in that person's place. With respect to persons who have equal priority, the court shall select the one the court determines is best qualified to serve. D. For good cause the court may pass over a person who has priority and appoint a person who has a lower priority or no priority. |