§ 35A-1225. Testamentary recommendation; guardian for incompetent minor.
§35A‑1225. Testamentary recommendation; guardian for incompetent minor.
(a) Parents arepresumed to know the best interest of their children. Any parent may by lastwill and testament recommend a guardian for any of his or her minor children,whether born at the parent's death or en ventre sa mere, for such time as thechild remains under 18 years of age, unmarried, and unemancipated, or for anyless time. Such will may be made without regard to whether the testator is anadult or a minor. If both parents make such recommendations, the will with thelatest date shall, in the absence of other relevant factors, prevail. In theabsence of a surviving parent, such recommendation shall be a strong guide forthe clerk in appointing a guardian, but the clerk is not bound by therecommendation if the clerk finds that a different appointment is in theminor's best interest. If the will specifically so directs, a guardianappointed pursuant to such recommendation may be permitted to qualify and servewithout giving bond, unless the clerk finds as a fact that the interest of theminor would be best served by requiring the guardian to give bond.
(b) Any personauthorized by law to recommend a guardian for a minor by his last will andtestament or other writing may direct that the guardian appointed for hisincompetent child shall petition the clerk during the six months before thechild reaches majority for an adjudication of incompetence and appointment of aguardian under the provisions of this Chapter. If so directed, the guardianshall timely file such a petition unless the minor is no longer incompetent. Notwithstanding the absence of such provision in a will or other writing, theguardian of an incompetent child, or any other person, may file such petition duringthe six months before the minor reaches majority or thereafter. (1987,c. 550, s. 1.)