§560:5-202 Parental appointment of guardian. (a) A guardian may be appointed by will or other signed writing by a parent for any minor child the parent has or may have in the future. The appointment may specify the desired limitations on the powers to be given to the guardian. The appointing parent may revoke or amend the appointment before confirmation by the court.

(b) Before the appointment becomes effective, the court may confirm the parent's selection of a guardian and terminate the rights of others to object upon:

(1) Petition of an appointing parent;

(2) A finding that the appointing parent will likely become unable to care for the child within two years; and

(3) Notice as provided in section 560:5-205(a).

(c) Subject to section 560:5-203, the appointment of a guardian becomes effective upon:

(1) The appointing parent's death;

(2) An adjudication that the parent is an incapacitated person; or

(3) A written determination by a physician who has examined the parent that the parent is no longer able to care for the child,

whichever first occurs.

(d) The guardian becomes eligible to act upon the filing of an acceptance of appointment. An acceptance of appointment shall be filed within thirty days after the guardian's appointment becomes effective. The guardian shall:

(1) File the acceptance of appointment and a copy of the will with the court of the circuit in which the will was or could be probated or, in the case of another appointing instrument, file the acceptance of appointment and the appointing instrument with the court of the circuit in which the minor resides or is present; and

(2) Give written notice of the acceptance of appointment to the appointing parent, if living, the minor, if the minor has attained fourteen years of age, and a person other than the parent having care and custody of the minor.

(e) Unless the appointment was previously confirmed by the court, the notice given under subsection (d)(2) shall include a statement of the right of those notified to terminate the appointment by filing a written objection in the court as provided in section 560:5-203.

(f) Unless the appointment was previously confirmed by the court, within thirty days after filing the notice and the appointing instrument, a guardian shall petition the court for confirmation of the appointment, giving notice in the manner provided in section 560:5-205(a).

(g) The appointment of a guardian by a parent does not supersede the parental rights of either parent. If both parents are dead or have been adjudged incapacitated persons, an appointment by the last parent who died or was adjudged incapacitated has priority. An appointment by a parent which is effected by filing the guardian's acceptance under a will probated in the state of the testator's domicile is effective in this State.

(h) The powers of a guardian who timely complies with the requirements of subsections (d) and (f) relate back to give acts by the guardian, which are of benefit to the minor and occurred on or after the date the appointment became effective, the same effect as those that occurred after the filing of the acceptance of the appointment.

(i) The authority of a guardian appointed under this section terminates upon the appointment of a guardian by the court or the giving of written notice to the guardian of the filing of an objection pursuant to section 560:5-203, whichever occurs first. [L 2004, c 161, pt of §1]