(a) The court may appoint a person or a corporation with general power to serve as trustee or conservator of the estate of a protected individual. The following are entitled to consideration for appointment in the order listed:

(1) A conservator, guardian of property, or other like fiduciary appointed or recognized by an appropriate court of any other jurisdiction in which the protected individual resides, or a person nominated by the incapacitated individual in a durable power of attorney;

(2) A person or corporation nominated by the protected individual;

(3) The spouse of the protected individual;

(4) An adult child of the protected individual;

(5) A parent of the protected individual;

(6) Any relative of the protected individual who has resided with the protected individual for more than 6 months before the filing of the petition; and

(7) Any other person.

(b) An individual listed in paragraph (1), (3), (4), (5), or (6) of subsection (a) of this section may designate in writing a substitute to serve instead and transfer the priority to the substitute. With respect to persons having equal priority, the court shall select the person it deems best qualified to serve. The court, acting in the best interest of the protected individual, may pass over a person having priority and appoint a person having a lower priority or no priority.

(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632; Mar. 24, 1998, D.C. Law 12-81, § 14(u), 45 DCR 745.)

1981 Ed., § 21-2057.

Uniform Law: This section is based upon § 2-309 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).