Consideration for appointment of guardian; order of
consideration; priorities
Sec. 5. (a) The following are entitled to consideration for
appointment as a guardian under section 4 of this chapter in the order
listed:
(1) A person designated in a durable power of attorney.
(2) The spouse of an incapacitated person.
(3) An adult child of an incapacitated person.
(4) A parent of an incapacitated person, or a person nominated
by will of a deceased parent of an incapacitated person or by
any writing signed by a parent of an incapacitated person and
attested to by at least two (2) witnesses.
(5) Any person related to an incapacitated person by blood or
marriage with whom the incapacitated person has resided for
more than six (6) months before the filing of the petition.
(6) A person nominated by the incapacitated person who is
caring for or paying for the care of the incapacitated person.
(b) With respect to persons having equal priority, the court shall
select the person it considers best qualified to serve as guardian. The
court, acting in the best interest of the incapacitated person or minor,
may pass over a person having priority and appoint a person having
a lower priority or no priority under this section.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989,
SEC.70.
Last modified: May 27, 2006