§ 29-3-5-5 — Persons entitled to consideration for appointment as a guardian

(a) The following are entitled to consideration
for appointment as a guardian under section 4 of this chapter in the
order listed:
(1) A person designated in a durable power of attorney.
(2) A person designated as a standby guardian under IC 29-3-3-7.
(3) The spouse of an incapacitated person.
(4) An adult child of an incapacitated person.
(5) A parent of an incapacitated person, or a person nominated by
will of a deceased parent of an incapacitated person or by any
writing signed by a parent of an incapacitated person and attested
to by at least two (2) witnesses, or in a power of attorney of a
living parent of an incapacitated person under IC 30-5-3-4(c).
(6) A parent of a minor, a de facto custodian of a minor, or a
person nominated:
(A) by will of a deceased parent or a de facto custodian of a
minor; or
(B) by a power of attorney of a living parent or a de facto
custodian of a minor.
(7) Any person related to an incapacitated person by blood or
marriage with whom the incapacitated person has resided for
more than six (6) months before the filing of the petition.
(8) A person nominated by the incapacitated person who is caring
for or paying for the care of the incapacitated person.
(b) With respect to persons having equal priority, the court shall
select the person it considers best qualified to serve as guardian. The
court, acting in the best interest of the incapacitated person or minor,
may pass over a person having priority and appoint a person having a
lower priority or no priority under this section.
(c) In addition to this section, section 4.1 of this chapter applies if
a person having equal priority is a person with a disability.

Legislative History

As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.70; P.L.190-2016, SEC.40; P.L.194-2017, SEC.8; P.L.146-2021, SEC.3.