Guardians; nomination; appointment; powers and duties;
amendment or revocation of power; hearing; notice
Sec. 4. (a) A principal may nominate a guardian for consideration
by the court if protective proceedings for the principal's person or
estate are commenced. The court shall make an appointment in
accordance with the principal's most recent nomination in a power of
attorney except for good cause or disqualification.
(b) A guardian does not have power, duty, or liability with respect
to property or personal health care decisions that are subject to a
valid power of attorney. A guardian has no power to revoke or amend
a valid power of attorney unless specifically directed to revoke or
amend the power of attorney by a court order on behalf of the
principal. A court may not enter an order to revoke or amend a power
of attorney without a hearing. Notice of a hearing held under this
section shall be given to the attorney in fact.
As added by P.L.149-1991, SEC.2.
Last modified: May 27, 2006