PART 3. GUARDIANS OF THE PERSON OF

INCAPACITATED PERSONS

§560:5-301 Testamentary nomination of guardian of the person for incapacitated person. The parent or spouse or reciprocal beneficiary of an incapacitated person may by will nominate a guardian of the person of the incapacitated person. The family court shall give preference to any such nominee, but the court may appoint someone other than the testamentary nominee upon a showing of cause. A testamentary nomination by a spouse or reciprocal beneficiary shall be preferred by the family court over a nomination by a parent. [L 1976, c 200, pt of §1; am L 1997, c 383, §19]