Section 26-2A-104 Who May Be Guardian; Priorities.

(a) Any qualified person may be appointed guardian of an incapacitated person. (b) Unless lack of qualification or other good cause dictates the contrary, the court shall appoint a guardian in accordance with the incapacitated person’s most recent nomination in a durable power of attorney. (c) Except as provided in subsection (b), the following are entitled to consideration for appointment in the order listed: (1) The spouse of the incapacitated person or a person nominated by will of a deceased spouse or by other writing signed by the spouse and attested by at least two witnesses or acknowledged; (2) An adult child of the incapacitated person; (3) A parent of the incapacitated person, or a person nominated by will of a deceased parent or by other writing signed by a parent and attested by at least two witnesses or acknowledged; (4) Any relative of the incapacitated person with whom the person has resided for more than six months prior to the filing of the petition; and (5) A person nominated by the person who is caring for or paying for the care of the incapacitated person. (d) With respect to persons having equal priority, the court shall select the one it deems best suited to serve. The court, acting in the best interest of the incapacitated person may pass over a person having priority and appoint a person having a lower priority or no priority.