(a)The court may appoint any qualified person as guardian
of an incompetent person or a minor. The court may not appoint
a person to be a guardian of an incompetent person or a minor if
the person proposed to act as guardian:
(i)Provides, or is likely to provide during the
guardianship period, substantial services to the ward in a
professional or business capacity unrelated to the person's
authority as a guardian;
(ii)Is, or is likely to become during the
guardianship period, a creditor of the ward, other than in the
capacity as guardian;
(iii)Has, or is likely to have during the
guardianship period, interests that may conflict with those of
the ward; or
(iv)Is employed by a person who would be
disqualified under paragraphs (i) through (iii) of this
subsection.
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(a) The court may appoint any qualified person as guardian
of an incompetent person or a minor. The court may not appoint
a person to be a guardian of an incompetent person or a minor if
the person proposed to act as guardian:
(i) Provides, or is likely to provide during the
guardianship period, substantial services to the ward in a
professional or business capacity unrelated to the person's
authority as a guardian;
(ii) Is, or is likely to become during the
guardianship period, a creditor of the ward, other than in the
capacity as guardian;
(iii) Has, or is likely to have during the
guardianship period, interests that may conflict with those of
the ward; or
(iv) Is employed by a person who would be
disqualified under paragraphs (i) through (iii) of this
subsection.
(b) A person may be appointed as guardian of a respondent,
notwithstanding the provisions of subsection (a) of this section
that would otherwise disqualify the person, if the person is the
spouse, adult child, parent or sibling of the respondent and the
court determines that the potential conflict of interest is
insubstantial and that the appointment would clearly be in the
best interests of the respondent.
(c) Subject to subsection (e) of this section, qualified
persons have priority for appointment as guardian of an
incompetent person in the following order:
(i) A person nominated by the respondent if at the
time of the nomination the respondent has the capacity to make a
reasonably intelligent choice;
(ii) The spouse of the respondent;
(iii) A nomination in the will of the respondent's
deceased spouse;
(iv) The parent of the respondent;
(v) An adult child of the respondent;
(vi) A person named in the will of the respondent's
deceased parent;
(vii) A relative of the respondent with whom the
respondent has resided for more than six (6) months during the
year preceding the filing of the petition;
(viii) A relative or friend who has demonstrated a
sincere, longstanding interest in the welfare of the respondent;
(ix) Any other person whose appointment would be in
the best interests of the respondent;
(x) A person with a guardianship program for
incompetent persons.
(d) Subject to subsection (e) of this section, qualified
persons have priority for appointment as guardian of a minor in
the following order:
(i) The parent or parents of the minor;
(ii) The person nominated as guardian in the will of
the custodial parent;
(iii) The person requested by a minor who has reached
the age of fourteen (14) years;
(iv) Any other person whose appointment would be in
the best interests of the minor.
(e) The court shall consider the priorities established in
subsections (c) and (d) of this section, but shall not be bound
by those priorities. The court shall appoint the person who is
best qualified and willing to serve as guardian.