(A) In appointing a conservator, the court shall consider persons who are otherwise qualified in the following order of priority:

(1) a person previously appointed conservator, other than a temporary or emergency conservator, a guardian of property, or other like fiduciary for the protected person by another court of competent jurisdiction;

(2) a person nominated to serve as conservator by the alleged incapacitated individual if made prior to his incapacity, or if he is fourteen or more years of age and has sufficient mental capacity to make a reasoned choice;

(3) an agent designated in a power of attorney relating to the management of the alleged incapacitated individual's real or personal property, financial affairs, or assets;

(4) the spouse of the alleged incapacitated individual;

(5) an adult child of the alleged incapacitated individual;

(6) a parent of the alleged incapacitated individual;

(7) the person nearest in kinship to the alleged incapacitated individual who is willing to accept the appointment;

(8) a person with whom the alleged incapacitated individual resides outside of a health care facility, group home, homeless shelter, or prison;

(9) a person nominated by a health care facility caring for the alleged incapacitated individual; and

(10) any other person deemed suitable by the court.

(B) A person whose priority is based upon his status under subsections (A)(1), (3), (4), (5), (6), or (7) may nominate in writing a person to serve in his or her stead. With respect to persons having equal priority, the court shall select the person it considers best qualified to serve as conservator. The court, acting in the best interest of the alleged incapacitated individual, may decline to appoint a person having higher priority and appoint a person having lesser priority or no priority.

(C) Except when authorizing, directing, or ratifying the implementations of provisions of protective arrangements, pursuant to Section 62-5-405, a probate judge or an employee of the court shall not serve as a conservator of an estate of a protected person; except, a probate judge or an employee of the court may serve as a conservator of the estate of a family member if such service does not interfere with the proper performance of the probate judge's or the employee's official duties. For purposes of this subsection, "family member" means a spouse, parent, child, brother, sister, niece, nephew, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent, or grandchild.

HISTORY: 1986 Act No. 539, Section 1; 1995 Act No. 15, Section 4. Formerly Code 1976 Section 62-5-410, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.

Editor's Note

Prior Laws: Former Section 62-5-408 was titled Permissible court orders, and had the following history: 1986 Act No. 539, Section 1; 2000 Act No. 398, Section 10. See now, Code 1976 Sections 62-5-107, 62-5-108, 62-5-404, 62-5-405, 62-5-414, 62-5-422, and 62-5-423.