(a) The appointment of a guardian under section 5-302 becomes effective upon the death of the appointing parent or spouse, the adjudication of incapacity of the appointing parent or spouse, or a written determination by a physician who has examined the appointing parent or spouse that the appointing parent or spouse is no longer able to care for the incapacitated person, whichever first occurs.
(b) A guardian appointed under section 5-302 becomes eligible to act upon the filing of an acceptance of appointment, which must be filed within 30 days after the guardian’s appointment becomes effective. The guardian shall:
(1) file the notice of acceptance of appointment and a copy of the will with the Court of the judicial district in which the will was or could be probated or, in the case of another appointing instrument, file the acceptance of appointment and the appointing instrument with the Court in the judicial division in which the incapacitated person resides or is present; and
(2) give written notice of the acceptance of appointment to the appointing parent or spouse if living, the incapacitated person, a person having care or custody of the incapacitated person other than the appointing parent or spouse, and the adult nearest in kinship.
(c) Unless the appointment was previously confirmed by the Court, the notice given under subsection (b)(2) must include a statement of the right of those notified to terminate the appointment by filing a written objection as provided in section 5-302.
(d) An appointment effected by filing the guardian’s acceptance under a will probated in the State of the testator’s domicile is effective in the Virgin Islands.
(e) Unless the appointment was previously confirmed by the Court, within 30 days after filing the notice and the appointing instrument, a guardian appointed under section 5-302 shall file a petition in the Court for confirmation of the appointment. Notice of the filing must be given in the manner provided in section 5-309.
(f) The authority of a guardian appointed under section 5-302 terminates upon the appointment of a guardian by the Court or the giving of written notice to the guardian of the filing of an objection pursuant to section 5-302, whichever first occurs.
(g) The appointment of a guardian under this section is not a determination of incapacity.
(h) The powers of a guardian who timely complies with the requirements of subsections (b) and (e) relate back to give acts by the guardian which are of benefit to the incapacitated person and occurred on or after the date the appointment became effective the same effect as those that occurred after the filing of the acceptance of appointment.