§ 30.1-28-11 — (5-311) Who may be guardian - Priorities

1. Any competent person or a designated person from a suitable institution, agency, or
nonprofit group home may be appointed guardian of an incapacitated person. No
institution, agency, or nonprofit group home providing care and custody of the
incapacitated person may be appointed guardian. However, if no one else can be
found to serve as guardian, an employee of an agency, institution, or nonprofit group
home providing care and custody may be appointed guardian if the employee does not
provide direct care to the proposed ward and the court makes a specific finding that
the appointment presents no substantial risk of a conflict of interest.
2. Unless lack of qualification or other good cause dictates the contrary, the court shall
appoint a guardian in accordance with the incapacitated person's most recent
nomination in a durable power of attorney.
3. Except as provided in subsection 2, persons who are not disqualified have priority for
appointment as guardian in the following order:
a. A person nominated by the incapacitated person prior to being determined to be
incapacitated, when nominated by means other than provided in subsection 2, if
the incapacitated person is fourteen or more years of age and, in the opinion of
the court, acted with or has sufficient mental capacity to make an intelligent
choice.
b. The spouse of the incapacitated person.
c. An adult child of the incapacitated person.
d. A parent of the incapacitated person, including a person nominated by will or
other writing signed by a deceased parent.
e. Any relative of the incapacitated person with whom the incapacitated person has
resided for more than six months prior to the filing of the petition.
f. Any relative or friend who has maintained significant contacts with the
incapacitated person or a designated person from a volunteer agency.
g. A nonprofit corporation established to provide guardianship services; provided,
that the corporation does not provide direct care to incapacitated persons. The
corporation shall file with the court the name of an employee, volunteer, or other
person from the corporation who is directly responsible for the guardianship of
each incapacitated person, and shall notify the court in the event the person for
any reason ceases to so act, or if a successor is named.
h. Any appropriate government agency, including human service zones, except as
limited by subsection 1.
i. A person nominated by the person who is caring for or paying benefits to the
incapacitated person.
4. With respect to persons having equal priority, the court shall select the one it deems
best qualified to serve. The court, acting in the best interest of the incapacitated
person, may pass over a person having priority and appoint a person having a lower
priority.