§560:5-302  Appointment of guardian by will
or other writing.  (a)  A parent, by will or other signed writing, may
appoint a guardian for an unmarried child who the parent believes is an
incapacitated person, specify desired limitations on the powers to be given to
the guardian, and revoke or amend the appointment before confirmation by the
court.



(b)  An individual, by will or other signed
writing, may appoint a guardian for the individual's spouse or reciprocal
beneficiary who the appointing spouse or reciprocal beneficiary believes is an
incapacitated person, specify desired limitations on the powers to be given to
the guardian, and revoke or amend the appointment before confirmation by the
court.



(c)  The incapacitated person, the person
having care or custody of the incapacitated person, if other than the
appointing parent, spouse, or reciprocal beneficiary, or the adult nearest in
kinship to the incapacitated person, may file a written objection to an
appointment, unless the court has confirmed the appointment under subsection
(d).  The filing of the written objection terminates the appointment.  An
objection may be withdrawn and, if withdrawn, is of no effect.  The objection
shall not preclude judicial appointment of the person selected by the parent,
spouse, or reciprocal beneficiary.  Notice of the objection shall be given to
the guardian and any other person entitled to notice of the acceptance of the
appointment.  The court may treat the filing of an objection as a petition for
the appointment of an emergency guardian under section 560:5-312 or for the
appointment of a limited or unlimited guardian under section 560:5-304 and
proceed accordingly.



(d)  Before the appointment becomes effective,
that court may confirm the appointing parent's, spouse's, or reciprocal
beneficiary's selection of a guardian and terminate the rights of others to
object upon:



(1)  Petition of the appointing parent, spouse, or
reciprocal beneficiary;



(2)  A finding that the appointing parent, spouse, or
reciprocal beneficiary will likely become unable to care for the incapacitated
person within two years; and



(3)  Notice as provided in this section. [L 2004, c
161, pt of §1]