14-5301. Appointment of guardian by will or other writing; objections; notice
A. A parent, by will or other signed writing, may appoint a guardian for an unmarried child who the parent believes is an incapacitated person, specify desired limitations on the powers to be given to the guardian and revoke or amend the appointment before confirmation by the court. Appointments become effective only as prescribed pursuant to section 14-5301.01, subsection A.
B. An individual, by will or other signed writing, may appoint a guardian for the individual's spouse who the appointing spouse believes is an incapacitated person, specify desired limitations on the powers to be given to the guardian and revoke or amend the appointment before confirmation by the court. An appointment pursuant to this subsection becomes effective only as prescribed pursuant to section 14-5301.01, subsection A.
C. Unless the court has confirmed the appointment pursuant to subsection D of this section, the incapacitated person, the person having care or custody of the incapacitated person if other than the appointing parent or spouse or the adult nearest in kinship to the incapacitated person may file a written objection to an appointment. The filing of the written objection terminates the appointment. An objection may be withdrawn and, if withdrawn, has no effect. The objection does not preclude judicial appointment of the person selected by the appointing parent or spouse. Notice of the objection must be given to the guardian and any other person entitled to notice of the acceptance of the appointment. The court may treat the filing of an objection as a petition for the appointment of a temporary guardian pursuant to section 14-5310 or for the appointment of a limited or general guardian pursuant to section 14-5303 and proceed accordingly.
D. On petition of the appointing parent or spouse and a finding that the appointing parent or spouse will likely become unable to care for the incapacitated person within two years, before the appointment becomes effective, the court may confirm the appointing parent's or spouse's selection of a guardian and terminate the rights of others to object. Notice must be given to the guardian and any other person entitled to notice of the acceptance of the appointment.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.