§560:5-311 Who may be guardian of the person; priorities. (a) The family court may appoint any competent person or any non-profit agency or corporation, public or private, as guardian of the person of an incapacitated person and in the selection thereof, the family court shall in all cases consider the best interests of the ward.

(b) Except as otherwise provided in section 560:5-301, persons who are not disqualified are entitled to consideration for appointment in the following order:

(1) The spouse or reciprocal beneficiary of the incapacitated person, including a person nominated by will or other writing signed by a deceased spouse or reciprocal beneficiary;

(2) An adult child of the incapacitated person;

(3) A parent of the incapacitated person, including a person nominated by will or other writing signed by a deceased parent;

(4) Any relative of the incapacitated person with whom the incapacitated person has resided for more than six months prior to the filing of the petition;

(5) A person nominated by the person who is caring for the incapacitated person or paying benefits to the incapacitated person.

The family court, for good cause, may pass over a person having priority and appoint a person having less or no priority. [L 1976, c 200, pt of §1; am L 1981, c 92, §2; gen ch 1985; am L 1997, c 383, §19]