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Sec. 5201.
A person may become a minor's guardian by parental appointment or court appointment. The
guardianship status continues until terminated, without regard to the location from time to time of the guardian or
minor ward.
Sec. 5202.
- The parent of an unmarried minor may appoint a guardian for the minor by will or by another writing signed by the parent and attested by at least 2 witnesses.
- Subject to the right of the minor under section 5203, if both parents are dead or incapacitated or the surviving parent has no parental rights or has been adjudged to be incapacitated, a parental appointment becomes effective when the guardian's acceptance is filed in the court in which a nominating instrument is probated or, in the case of a nontestamentary nominating instrument, in the court at the place where the minor resides or is present. If both parents are dead, an effective appointment by the parent who died later has priority.
- A parental appointment effected by filing the guardian's acceptance under a will probated in the state of the testator's domicile is effective in this state.
- Upon acceptance of appointment, the guardian shall give written notice of acceptance to the minor and to the person having the minor's care or the minor's nearest adult relative.
Sec. 5203.
A minor 14 years of age or older who is the subject of a parental appointment may prevent an
appointment or cause it to terminate by filing with the court in which the nominating instrument is filed a written
objection to the appointment before it is accepted or within 28 days after its acceptance. An objection may be
withdrawn. An objection does not preclude appointment by the court in a proper proceeding of the parental nominee or
another suitable person.
Sec. 5409.
- The court may appoint an individual, a corporation authorized to exercise fiduciary powers, or a nonprofit corporation described in section 5106 to serve as conservator of a protected individual's estate. The following are entitled to consideration for appointment in the following order of priority:
- (a) A conservator, guardian of property, or similar fiduciary appointed or recognized by the appropriate court of another jurisdiction in which the protected individual resides.
- (b) An individual or corporation nominated by the protected individual if he or she is 14 years of age or older and of sufficient mental capacity to make an intelligent choice, including a nomination made in a durable power of attorney.
- (c) The protected individual's spouse.
- (d) An adult child of the protected individual.
- (e) A parent of the protected individual or a person nominated by the will of a deceased parent.
- (f) A relative of the protected individual with whom he or she has resided for more than 6 months before the petition is filed.
- (g) A person nominated by the person who is caring for or paying benefits to the protected individual.
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- A person named in subsection (1)(a), (c), (d), (e), or (f) may designate in writing a substitute to serve instead, and that designation transfers the priority to the substitute. If persons have equal priority, the court shall select the person the court considers best qualified to serve. Acting in the protected individual's best interest, the court may pass over a person having priority and appoint a person having a lower priority or no priority.
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