§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]