§ 30.1-29-10 — (5-410) Who may be appointed conservator - Priorities

1. The court may appoint an individual, limited liability company, association, corporation,
or other entity with general power to serve as trustee, as conservator of the estate of a
protected person.
2. Unless lack of qualification or other good cause dictates the contrary, the court shall
appoint a conservator in accordance with the protected 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 conservator in the following order:
a. A conservator, guardian of property, or other like fiduciary appointed or
recognized by the appropriate court of any other jurisdiction in which the
protected person resides.
b. An individual or corporation nominated by the protected person by other means
than provided for in subsection 2 if the protected person is fourteen or more years
of age and, in the opinion of the court, has sufficient mental capacity to make an
intelligent choice.
c. The spouse of the protected person.
d. An adult child of the protected person.

e. A parent of the protected person, or a person nominated by the will of a deceased
parent.
f. Any relative of the protected person with whom the protected person has resided
for more than six months prior to the filing of the petition.
g. A person nominated by the person who is caring for or paying benefits to the
protected person.
4. A person denominated in subdivision a, c, d, e, or f of subsection 3 may nominate, in
writing, a substitute to serve instead and thereby transfer the priority to the substitute.
With respect to persons having equal priority, the court is to select the one who is best
qualified of those willing to serve. The court, for good cause, may pass over a person
having higher priority and appoint a person having lower priority or no priority.