§560:5-204  Judicial appointment of
guardian; conditions for appointment.  (a)  A minor or a person interested
in the welfare of a minor may petition for appointment of a guardian.



(b)  The court may appoint a guardian for a
minor if the court finds the appointment is in the minor's best interest, and:



(1)  The parents consent;



(2)  All parental rights have been terminated; or



(3)  The parents are unwilling or unable to exercise
their parental rights.



(c)  If a guardian is appointed by a parent
pursuant to section 560:5-202 and the appointment has not been prevented or
terminated under section 560:5-203, that appointee has priority for
appointment.  However, the court may proceed with another appointment upon a
finding that the appointee under section 560:5-202 has failed to accept the
appointment within thirty days after notice of the guardianship proceeding.



(d)  If necessary and on petition or motion and
whether or not the conditions of subsection (b) have been established, the
court may appoint a temporary guardian for a minor upon a showing that an
immediate need exists and that the appointment would be in the best interest of
the minor.  Notice in the manner provided in section 560:5-113 shall be given
to the parents and to a minor who has attained fourteen years of age.  Except
as otherwise ordered by the court, the temporary guardian has the authority of
an unlimited guardian, but the duration of the temporary guardianship shall not
exceed twelve months.  Within five days after the appointment, the temporary
guardian shall send or deliver a copy of the order to all individuals who would
be entitled to notice of hearing under section 560:5-205.



(e)  If the court finds that following the
procedures of this part will likely result in substantial harm to a minor's
health or safety and that no other person appears to have authority to act
under the circumstances, the court, on appropriate petition, may appoint an
emergency guardian for the minor.  The duration of the guardian's authority may
not exceed thirty days and the guardian may exercise only the powers specified
in the order.  Reasonable notice of the time and place of a hearing on the
petition for appointment of an emergency guardian shall be given to:



(1)  The minor, if the minor has attained fourteen
years of age;



(2)  Each living parent of the minor; and



(3)  A person having care or custody of the minor, if
other than a parent.



The court may dispense with the notice if it finds
from affidavit or testimony that the minor will be substantially harmed before
a hearing can be held on the petition.  If the guardian is appointed without
notice, notice of the appointment shall be given within forty-eight hours after
the appointment and a hearing on the appropriateness of the appointment held
within five days after the appointment. [L 2004, c 161, pt of §1; am L 2009, c
6, §1]