Judicial appointment of guardian; procedure

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  • (a) After a petition for appointment of a guardian is filed, the Court shall schedule a hearing, and the petitioner shall give notice of the time and place of the hearing, together with a copy of the petition, to:

    • (1) the minor, if the minor has attained 14 years of age and is not the petitioner;

    • (2) any person alleged to have had the primary care and custody of the minor during the 60 days before the filing of the petition;

    • (3) each living parent of the minor or, if there is none, the adult nearest in kinship that can be found;

    • (4) any person nominated as guardian by the minor if the minor has attained 14 years of age;

    • (5) any appointee of a parent whose appointment has not been prevented or terminated under section 5-203; and

    • (6) any guardian or conservator currently acting for the minor in the Virgin Islands or elsewhere.

  • (b) The Court, upon hearing, shall make the appointment if it finds that a qualified person seeks appointment, venue is proper, the required notices have been given, the conditions of section 5-204(b) have been met, and the best interest of the minor will be served by the appointment. In other cases, the Court may dismiss the proceeding or make any other disposition of the matter that will serve the best interest of the minor.

  • (c) If the Court determines at any stage of the proceeding, before or after appointment, that the interests of the minor are or may be inadequately represented, it may appoint a lawyer to represent the minor, giving consideration to the choice of the minor if the minor has attained 14 years of age.


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