§ 75-5-311 — Who may be guardian -- Priorities.

(1) (1)(a) The court shall appoint a guardian in accordance with the incapacitated person's most recent nomination, unless that person is disqualified or the court finds other good cause why the person should not serve as guardian.
(1)(b) That nomination shall have been made prior to the person's incapacity, shall be in writing and shall be signed by the person making the nomination.
(1)(c) The nomination shall be in substantially the following form: Nomination of Guardian by an Adult I, (Name), being of sound mind and not acting under duress, fraud, or other undue influence, do hereby nominate (Name, current residence, and relationship, if any, of the nominee) to serve as my guardian in the event that after the date of this instrument I become incapacitated. Executed at ____________________________ (city, state) on this ____________ day of ______________ ____________________________________ (Signature)
(2) Except as provided in Subsection (1), persons who are not disqualified have priority for appointment as guardian in the following order:
(2)(a) a person who has been nominated by the incapacitated person, by any means other than that described in Subsection (1), if the incapacitated person was 14 years old or older when the nomination was executed and, in the opinion of the court, that person acted with sufficient mental capacity to make the nomination;
(2)(b) the spouse of the incapacitated person;
(2)(c) an adult child of the incapacitated person;
(2)(d) a parent of the incapacitated person, including a person nominated by will, written instrument, or other writing signed by a deceased parent;
(2)(e) any relative of the incapacitated person with whom he has resided for more than six months prior to the filing of the petition;
(2)(f) a person nominated by the person who is caring for him or paying benefits to him;
(2)(g) a specialized care professional, so long as the specialized care professional does not:
(2)(g)(i) profit financially or otherwise from or receive compensation for acting in that capacity, except for the direct costs of providing guardianship or conservatorship services; or
(2)(g)(ii) otherwise have a conflict of interest in providing those services;
(2)(h) any competent person or suitable institution; or
(2)(i) the Office of Public Guardian under Title 26B, Chapter 6, Part 3, Office of Public Guardian.

Legislative History

Amended by Chapter 543, 2025 General Session