15-5-311 WHO MAY BE GUARDIAN -- PRIORITIES.
UNIFORM PROBATE CODE
CHAPTER 5
PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY
PART 3.
GUARDIANS OF INCAPACITATED PERSONS
15-5-311. Who may be guardian -- Priorities. (1) Any competent person, except as set forth hereafter, or a suitable institution may be appointed guardian of an incapacitated person.
(2) The person preferred by the incapacitated person shall be appointed guardian unless good cause be shown why appointment of such person is contrary to the best interests of the incapacitated person. If the incapacitated person is unable to express a preference, any previous expression, including a durable power of attorney for health care, may be considered by the court.
(3) Persons who are not disqualified have priority for appointment as guardian in the following order:
(a) The person preferred by the incapacitated person. The court shall always consider the wishes expressed by an incapacitated person as to who shall be appointed guardian;
(b) The person(s) nominated as health care agent in a durable power of attorney for health care by the incapacitated person, in the order of priority set forth in such power;
(c) The spouse of the incapacitated person;
(d) An adult child of the incapacitated person;
(e) A parent of the incapacitated person, including a person nominated by will or other writing signed by a deceased parent;
(f) Any relative of the incapacitated person with whom he has resided for more than six (6) months prior to the filing of the petition;
(g) A person nominated by the person who is caring for him or paying benefits to him.
(4) No convicted felon, or person whose residence is the incapacitated person’s proposed residence or will be frequented by the incapacitated person and is frequented by a convicted felon, shall be appointed as a guardian of an incapacitated person unless the court finds by clear and convincing evidence that such appointment is in the best interests of the incapacitated person.