(a) The parents of an unmarried minor, or either of them, if qualified and, in the opinion of the court, suitable, shall be preferred over all others for appointment as guardian of the person.
(b) Subject to this rule, the court shall appoint as guardian of an incapacitated person the one most suitable who is willing to serve, having due regard to:
(1) Any request contained in a will or other written instrument executed by the parent or by the legal custodian of a minor child for the appointment of a person as guardian of the minor child;
(2) Any request for the appointment of a person as his or her guardian made by a minor fourteen (14) years of age or over;
(3) Any request for the appointment of a person made by the spouse of an incapacitated person;
(4) The relationship by blood or marriage to the person for whom guardianship is sought.
(c) Prior to the appointment of a guardian, the court shall take into consideration any request made by the incapacitated person concerning his or her preference regarding the person to be appointed guardian. This request may be made to the court by any means, but there shall be no necessity that the incapacitated person appear before the court for the purpose of indicating his or her preference.
Section: Previous 28-65-202 28-65-203 28-65-204 28-65-205 28-65-206 28-65-207 28-65-208 28-65-209 28-65-210 28-65-211 28-65-212 28-65-213 28-65-214 28-65-215 NextLast modified: November 15, 2016