Objection of others to parental appointment - consent by minor of twelve years of age or older to appointment of guardian.

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(1) Until the court has confirmed an appointee under section 15-14-202, the other parent, or a person other than a parent or guardian having care or custody of the minor may prevent or terminate the appointment at any time by filing a written objection in the court in which the appointing instrument is filed and giving notice of the objection to the guardian and any other persons entitled to notice of the acceptance of the appointment. An objection may be withdrawn, and if withdrawn is of no effect. The objection does not preclude judicial appointment of the person selected by the parent or guardian. The court may treat the filing of an objection or the refusal of the minor to consent as a petition for the appointment of an emergency or a temporary guardian under section 15-14-204, and proceed accordingly.

(2) Until the court has confirmed an appointee under section 15-14-202, a minor who is the subject of an appointment by a parent or guardian and who has attained twelve years of age has the right to consent or refuse to consent to an appointment of a guardian. If the minor consents to the appointment of the guardian, the minor shall file with the court in which the will is probated or the written instrument is filed a written consent to the appointment before it is accepted or within thirty-five days after notice of its acceptance. If the minor does not consent to the appointment of a guardian, then the court shall appoint a guardian pursuant to section 15-14204.

Source: L. 2000: Entire part R&RE, p. 1787, § 1, effective January 1, 2001 (see § 15-17103); entire section amended, p. 292, § 10, effective January 1, 2001. L. 2012: (2) amended, (SB 12-175), ch. 208, p. 840, § 50, effective July 1.

Editor's note: This section is similar to former § 15-14-203 as it existed prior to 2001.


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