75-5-204. Court appointment of guardian of minor -- Conditions for appointment.
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Effective 5/5/2021
75-5-204. Court appointment of guardian of minor -- Conditions for appointment.
(1)In accordance with Subsection
(2), the court may appoint a guardian for an unemancipated minor if:
(a)each parent of the minor acknowledges that the parent understands the legal effect of the guardianship and consents;
(b)all parental rights have been terminated; or
(c)each parent is unwilling or unable to exercise the parent's parental rights for any reason, including a court order suspending the parent's parental rights.
(a)A guardian appointed by will under Section 75-5-202 , or by written instrument under Section 75-5-202.5 , whose appointment has not been prevented or nullified under Section 75-5-203 has priority over any court appointed guardian.
(b)Notwithstanding Subsection (2)(a) , the court may proceed with a court appointment upon a finding that the testamentary or instrumental guardian has failed to accept the testamentary appointment within 30 days after notice of the guardianship proceeding.
Amended by Chapter 287 , 2021 General Session