14-5311. Who may be guardian; priorities

A. Any qualified person may be appointed guardian of an incapacitated person, subject to the requirements of section 14-5106.

B. The court may consider the following persons for appointment as guardian in the following order:

1. A guardian or conservator of the person or a fiduciary appointed or recognized by the appropriate court of any jurisdiction in which the incapacitated person resides.

2. An individual or corporation nominated by the incapacitated person if the person has, in the opinion of the court, sufficient mental capacity to make an intelligent choice.

3. The person nominated to serve as guardian in the incapacitated person's most recent durable power of attorney or health care power of attorney.

4. The spouse of the incapacitated person.

5. An adult child of the incapacitated person.

6. A parent of the incapacitated person, including a person nominated by will or other writing signed by a deceased parent.

7. Any relative of the incapacitated person with whom the incapacitated person has resided for more than six months before the filing of the petition.

8. The nominee of a person who is caring for or paying benefits to the incapacitated person.

9. If the incapacitated person is a veteran, the spouse of a veteran or the minor child of a veteran, the department of veterans' services.

10. A fiduciary who is licensed pursuant to section 14-5651, other than a public fiduciary.

11. A public fiduciary who is licensed pursuant to section 14-5651.

C. A person listed in subsection B, paragraph 4, 5, 6, 7 or 8 of this section may nominate in writing a person to serve in that person's place. With respect to persons who have equal priority, the court shall select the one the court determines is best qualified to serve.

D. Notwithstanding the priorities set forth in subsection B of this section, if the petition for appointment of a guardian for the incapacitated person is filed pursuant to section 14-5301.03 or within two years after the incapacitated person's eighteenth birthday, unless the court finds the appointment to be contrary to the incapacitated person's best interest:

1. The court shall appoint as the incapacitated person's guardian any person who, by court order, had sole legal decision-making of the incapacitated person when the incapacitated person attained eighteen years of age.

2. If two persons had joint legal decision-making of the incapacitated person when the incapacitated person attained eighteen years of age, the court shall appoint both persons as the incapacitated person's co-guardians.

E. The court may appoint more than one person as the incapacitated person's co-guardians if the appointment is required by subsection D of this section or the court finds that the appointment is in the incapacitated person's best interest. If the court appoints co-guardians, the co-guardians shall share decision-making for the incapacitated person and neither co-guardian's rights or responsibilities are superior except as otherwise ordered by the court.

F. For good cause the court may pass over a person who has priority and appoint a person who has a lower priority or no priority. For the purposes of this subsection, " good cause" includes a determination that:

1. The incapacitated person's durable power of attorney or health care power of attorney is invalid.

2. Honoring the incapacitated person's durable power of attorney or health care power of attorney would not be in the physical, emotional or financial best interest of the incapacitated person.

3. The estimated cost of the fiduciary and associated professional fees would adversely affect the ability of the incapacitated person's estate to provide for the incapacitated person's reasonable and necessary living expenses.

G. On a request by a person who was passed over by the court pursuant to subsection F of this section, the court shall make a specific finding regarding the court's determination of good cause and why the person was not appointed. The request must be made within ten days after the entry of the order.