§ 29-3-5-4 — Considerations for appointment of guardian

(a) The court shall appoint as guardian a
qualified person or persons most suitable and willing to serve, having
due regard to the following:
(1) Any request made by a person alleged to be an incapacitated
person, including designations in a durable power of attorney
under IC 30-5-3-4(a).
(2) Any request made for a minor by:
(A) a parent of the minor; or
(B) a de facto custodian of the minor, including a designation
in a power of attorney under IC 30-5-3-4(b) or IC 30-5-3-4(c).
(3) Any request contained in a will or other written instrument.
(4) A designation of a standby guardian under IC 29-3-3-7.
(5) Any request made by a minor who is at least fourteen (14)
years of age.
(6) Any request made by the spouse of the alleged incapacitated
person.
(7) The relationship of the proposed guardian to the individual for
whom guardianship is sought.
(8) Any person acting for the incapacitated person under a
durable power of attorney.
(9) The best interest of the incapacitated person or minor and the
property of the incapacitated person or minor.
(b) In addition to subsection (a), section 4.1 of this chapter applies
when a prospective guardian is a person with a disability.

Legislative History

As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989, SEC.7; P.L.149-1991, SEC.3; P.L.190-2016, SEC.39; P.L.194-2017, SEC.7; P.L.146-2021, SEC.1.