§560:5-205  Judicial appointment of
guardian; procedure.  (a)  After a petition for appointment of a guardian
is filed, the court shall schedule a hearing, and the petitioner shall give
notice of the time and place of the hearing, together with a copy of the
petition, to:



(1)  The minor, if the minor has attained fourteen
years of age and is not the petitioner;



(2)  Any person alleged to have had the primary care
and custody of the minor during the sixty days before the filing of the
petition;



(3)  Each living legal parent of the minor whose
parental rights have not been terminated pursuant to chapter 571 or 587 or if
one parent is deceased, the adult nearest in kinship to the deceased parent
that can be found.  If both parents are deceased, notice shall be given to each
adult sibling of the minor who can be found or, if none, each adult nearest in
kinship to each deceased parent that can be found.  For good cause, the court
may waive notice to the nearest in kinship upon showing that all reasonable
efforts have been made to ascertain the identity and address of the person or
to effect notice, that the efforts were unsuccessful, and that further efforts
should not be required because that person has not demonstrated a reasonable
degree of interest in or concern about the minor;



(4)  Any person nominated as guardian by the minor if
the minor has attained fourteen years of age;



(5)  Any appointee of a parent whose appointment has
not been prevented or terminated under section 560:5-203; and



(6)  Any guardian or conservator currently acting for
the minor in this State or elsewhere.



(b)  The court, upon hearing, shall make the
appointment if it finds that a qualified person seeks appointment, venue is
proper, the required notices have been given, the conditions of section
560:5-204(b) have been met, and the best interest of the minor will be served
by the appointment.  In other cases, the court may dismiss the proceeding or
make any other disposition of the matter that will serve the best interest of
the minor.



(c)  If the court determines at any stage of
the proceeding, before or after appointment, that the interests of the minor
are or may be inadequately represented, it may appoint a lawyer to represent
the minor, giving consideration to the choice of the minor if the minor has
attained fourteen years of age. [L 2004, c 161, pt of §1]