14-5301. Appointment of guardian by will or other writing; objections; notice

357 words·~2 min read·/az/title-14/14-5301

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. A parent, by will or other signed writing, may appoint a guardian for an unmarried child who the parent believes is an incapacitated person, specify desired limitations on the powers to be given to the guardian and revoke or amend the appointment before confirmation by the court. Appointments become effective only as prescribed pursuant to section 14-5301.01, subsection A.

B. An individual, by will or other signed writing, may appoint a guardian for the individual's spouse who the appointing spouse believes is an incapacitated person, specify desired limitations on the powers to be given to the guardian and revoke or amend the appointment before confirmation by the court. An appointment pursuant to this subsection becomes effective only as prescribed pursuant to section 14-5301.01, subsection A.

C. Unless the court has confirmed the appointment pursuant to subsection D of this section, the incapacitated person, the person having care or custody of the incapacitated person if other than the appointing parent or spouse or the adult nearest in kinship to the incapacitated person may file a written objection to an appointment. The filing of the written objection terminates the appointment. An objection may be withdrawn and, if withdrawn, has no effect. The objection does not preclude judicial appointment of the person selected by the appointing parent or spouse.

Notice of the objection must be given to the guardian and any other person entitled to notice of the acceptance of the appointment. The court may treat the filing of an objection as a petition for the appointment of a temporary guardian pursuant to section 14-5310 or for the appointment of a limited or general guardian pursuant to section 14-5303 and proceed accordingly.

D. On petition of the appointing parent or spouse and a finding that the appointing parent or spouse will likely become unable to care for the incapacitated person within two years, before the appointment becomes effective, the court may confirm the appointing parent's or spouse's selection of a guardian and terminate the rights of others to object. Notice must be given to the guardian and any other person entitled to notice of the acceptance of the appointment.