A minor of fourteen or more years who is the subject of a parental appointment of a guardian may prevent the appointment or may cause it to terminate by filing in the court in which the will is probated or, in the case of a non-testamentary instrument, in the court where the minor resides or is present, a written objection to the appointment before it is accepted or after its acceptance. An objection may be withdrawn. An objection does not prevent appointment by the court in a proper proceeding of the parental nominee or any other suitable person.
History: 1953 Comp., § 32A-5-203, enacted by Laws 1975, ch. 257, § 5-203; 1976 (S.S.), ch. 37, § 14; 1995, ch. 210, § 52.
Compiler's notes. — This section includes within its scope some of the functions of former 32-1-41, 1953 Comp.
Cross references. — For age of majority, see 12-2A-3 and 28-6-1 NMSA 1978.
The 1995 amendment, effective July 1, 1995, substituted "parental" for "testamentary" in the section heading and rewrote the section to such an extent that a detailed comparison would be impracticable.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Right of infant to select his own guardian, 85 A.L.R.2d 921.
39 C.J.S. Guardian and Ward § 16.
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