Sec. 13.26.311. Who may be guardian; priorities.

505 words·~2 min read·/ak/title-13/chapter-26/13-26-311

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(a)The court may appoint a competent person, including a private professional guardian, or the public guardian, as the guardian of an incapacitated person.

(b)The court may not appoint a person to be a guardian of an incapacitated person if the person

(1)provides, or is likely to provide during the guardianship period, substantial services to the incapacitated person in a professional or business capacity, other than in the capacity as guardian;

(2)is, or is likely to become during the guardianship period, a creditor of the incapacitated person, other than in the capacity as guardian;

(3)has, or is likely to have during the guardianship period, interests that may conflict with those of the incapacitated person; or

(4)is employed by a person who would be disqualified under

(1)—

(3)of this subsection.

(c)A person may be appointed as the guardian of an incapacitated person notwithstanding the provisions of

(b)of this section if the person is the spouse, adult child, parent, or sibling of the incapacitated person and the court determines that the potential conflict of interest is insubstantial and that the appointment would clearly be in the best interests of the incapacitated person. When appointing a relative or friend of the incapacitated person as the guardian of an incapacitated person, the court shall require that the proposed guardian complete one hour of mandatory education on the basics of guardianship before the appointment or within 30 days after the appointment.

(d)Subject to

(e)and

(f)of this section, qualified persons have priority for appointment as guardian in the following order:

(1)an individual or organization nominated by the incapacitated person if, at the time of the nomination, the incapacitated person had, in the opinion of the court, sufficient mental capacity to make an informed choice;

(2)the spouse of the incapacitated person;

(3)an adult child or parent of the incapacitated person;

(4)a relative of the incapacitated person with whom the incapacitated person has resided for more than six months during the year before the filing of the petition;

(5)a relative or friend who has demonstrated a sincere, longstanding interest in the welfare of the incapacitated person;

(6)a private professional guardian;

(7)the public guardian.

(e)When more than one person has equal priority under

(d)of this section, the court shall select the person it considers to be the best qualified.

(f)When in the best interest of the incapacitated person, a court may decline to appoint a person who has priority under

(d)of this section as guardian of an incapacitated person and may appoint as guardian a person who has a lower priority than another person or who does not have a priority. If the court appoints a person with a lower priority under

(d)of this section than another person, the court shall make appropriate written findings related to why the best interests of the respondent require appointment of the person with a lower priority.