HARRY HUGHES, Governor

953

Article - Estates and Trusts
13-707.

(a)  Persons are entitled to appointment as guardian of
the person according to the following priorities:

(1)  A person, agency, or corporation nominated
by the disabled person if he was 16 years old or older when
he signed the designation and, in the opinion of the court,
he had sufficient mental capacity to make an intelligent
choice at the time he executed the designation;

(2)  His spouse;

(3)  His parents;

(4)  A person, agency, or corporation nominated
by the will of a deceased parent;

(5)  His children;

(6)  Adult persons who would be his heirs if he
were dead;

(7)  A person, agency, or corporation nominated
by a person caring for him;

(8)  Any other person, agency, or corporation
considered appropriate by the court;

(9)  For adults less than 65 years old, the
director of the local department of social services or, for
adults 65 years old or older, the director of the State
Office on Aging or local office on aging, except in those
cases where the department of social services has been
appointed guardian of the person prior to age 65.

(b)  A person specified in a priority in subsection (a)
(2), (3), (5), or (6) may waive and nominate in writing a
person, agency or corporation to serve in his stead. A
nominee of a person holding priority has the same priority
as the person making the nomination.

(c) (1) Among persons with equal priority the court
shall select the one best qualified of those willing to
serve. For good cause, the court may pass over a person with
priority and appoint a person with a lower priority.

(2) If a guardian of the estate has been
appointed, the court may select him to be guardian of the
person, regardless of priority.

(d)  Nonresidence does not disqualify any person from
serving as guardian of the person. However, a nonresident
who is appointed may not qualify until he has on file with