45-5-410. Who may be appointed conservator; priorities.
A. The court may appoint an individual, or a corporation with general power to serve as trustee, as conservator of the incapacitated person. The following are entitled to consideration for appointment in the order listed:
(1) a conservator, guardian of property or other like fiduciary appointed or recognized by the appropriate court of any other jurisdiction in which the incapacitated person resides;
(2) any person previously nominated to serve as conservator in a writing signed by the incapacitated person prior to his incapacity;
(3) an individual or corporation nominated by the incapacitated person if he is fourteen or more years of age and has, in the opinion of the court, sufficient mental capacity to make an intelligent choice;
(4) the spouse of the incapacitated person;
(5) an adult child of the incapacitated person;
(6) a parent of the incapacitated person or a person nominated by the will of a deceased parent;
(7) any relative of the incapacitated person with whom he has resided for more than six months prior to the filing of the petition;
(8) a person nominated by the person who is caring for the incapacitated person or paying benefits to him; and
(9) any other person.
B. A person under the priorities of Paragraph (1), (2), (4), (5), (6) or (7) of Subsection A of this section may nominate in writing a person to serve in his stead. With respect to persons having equal priority, the court shall select the one who is best qualified of those willing to serve.
C. The court, for good cause, may pass over a person having priority and appoint a person having lesser priority under this section and shall take into consideration:
(1) the preference of the incapacitated person;
(2) geographic location of the proposed conservator;
(3) the relationship of the proposed conservator to the incapacitated person;
(4) the ability of the proposed conservator to carry out the powers and duties of the conservatorship; and
(5) potential financial conflicts of interest between the incapacitated person and the proposed conservator.
45-5-410. Who may be appointed conservator; priorities.
A. The court may appoint an individual, or a corporation with general power to serve as trustee, as conservator of the incapacitated person. The following are entitled to consideration for appointment in the order listed:
(1) a conservator, guardian of property or other like fiduciary appointed or recognized by the appropriate court of any other jurisdiction in which the incapacitated person resides;
(2) any person previously nominated to serve as conservator in a writing signed by the incapacitated person prior to his incapacity;
(3) an individual or corporation nominated by the incapacitated person if he is fourteen or more years of age and has, in the opinion of the court, sufficient mental capacity to make an intelligent choice;
(4) the spouse of the incapacitated person;
(5) an adult child of the incapacitated person;
(6) a parent of the incapacitated person or a person nominated by the will of a deceased parent;
(7) any relative of the incapacitated person with whom he has resided for more than six months prior to the filing of the petition;
(8) a person nominated by the person who is caring for the incapacitated person or paying benefits to him; and
(9) any other person.
B. A person under the priorities of Paragraph (1), (2), (4), (5), (6) or (7) of Subsection A of this section may nominate in writing a person to serve in his stead. With respect to persons having equal priority, the court shall select the one who is best qualified of those willing to serve.
C. The court, for good cause, may pass over a person having priority and appoint a person having lesser priority under this section and shall take into consideration:
(1) the preference of the incapacitated person;
(2) geographic location of the proposed conservator;
(3) the relationship of the proposed conservator to the incapacitated person;
(4) the ability of the proposed conservator to carry out the powers and duties of the conservatorship; and
(5) potential financial conflicts of interest between the incapacitated person and the proposed conservator.
45-5-410. Who may be appointed conservator; priorities.
A. The court may appoint an individual, or a corporation with general power to serve as trustee, as conservator of the incapacitated person. The following are entitled to consideration for appointment in the order listed:
(1) a conservator, guardian of property or other like fiduciary appointed or recognized by the appropriate court of any other jurisdiction in which the incapacitated person resides;
(2) any person previously nominated to serve as conservator in a writing signed by the incapacitated person prior to his incapacity;
(3) an individual or corporation nominated by the incapacitated person if he is fourteen or more years of age and has, in the opinion of the court, sufficient mental capacity to make an intelligent choice;
(4) the spouse of the incapacitated person;
(5) an adult child of the incapacitated person;
(6) a parent of the incapacitated person or a person nominated by the will of a deceased parent;
(7) any relative of the incapacitated person with whom he has resided for more than six months prior to the filing of the petition;
(8) a person nominated by the person who is caring for the incapacitated person or paying benefits to him; and
(9) any other person.
B. A person under the priorities of Paragraph (1), (2), (4), (5), (6) or (7) of Subsection A of this section may nominate in writing a person to serve in his stead. With respect to persons having equal priority, the court shall select the one who is best qualified of those willing to serve.
C. The court, for good cause, may pass over a person having priority and appoint a person having lesser priority under this section and shall take into consideration:
(1) the preference of the incapacitated person;
(2) geographic location of the proposed conservator;
(3) the relationship of the proposed conservator to the incapacitated person;
(4) the ability of the proposed conservator to carry out the powers and duties of the conservatorship; and
(5) potential financial conflicts of interest between the incapacitated person and the proposed conservator.
