3-2-107. Who may be appointed as guardian; preference for appointment of guardians.
(a) The court may appoint any qualified person as guardian of an incompetent person or a minor. The court may not appoint a person to be a guardian of an incompetent person or a minor if the person proposed to act as guardian:
(i) Provides, or is likely to provide during the guardianship period, substantial services to the ward in a professional or business capacity unrelated to the person's authority as a guardian;
(ii) Is, or is likely to become during the guardianship period, a creditor of the ward, other than in the capacity as guardian;
(iii) Has, or is likely to have during the guardianship period, interests that may conflict with those of the ward; or
(iv) Is employed by a person who would be disqualified under paragraphs (i) through (iii) of this subsection.
(b) A person may be appointed as guardian of a respondent, notwithstanding the provisions of subsection (a) of this section that would otherwise disqualify the person, if the person is the spouse, adult child, parent or sibling of the respondent and the court determines that the potential conflict of interest is insubstantial and that the appointment would clearly be in the best interests of the respondent.
(c) Subject to subsection (e) of this section, qualified persons have priority for appointment as guardian of an incompetent person in the following order:
(i) A person nominated by the respondent if at the time of the nomination the respondent has the capacity to make a reasonably intelligent choice;
(ii) The spouse of the respondent;
(iii) A nomination in the will of the respondent's deceased spouse;
(iv) The parent of the respondent;
(v) An adult child of the respondent;
(vi) A person named in the will of the respondent's deceased parent;
(vii) A relative of the respondent with whom the respondent has resided for more than six (6) months during the year preceding the filing of the petition;
(viii) A relative or friend who has demonstrated a sincere, longstanding interest in the welfare of the respondent;
(ix) Any other person whose appointment would be in the best interests of the respondent;
(x) A person with a guardianship program for incompetent persons.
(d) Subject to subsection (e) of this section, qualified persons have priority for appointment as guardian of a minor in the following order:
(i) The parent or parents of the minor;
(ii) The person nominated as guardian in the will of the custodial parent;
(iii) The person requested by a minor who has reached the age of fourteen (14) years;
(iv) Any other person whose appointment would be in the best interests of the minor.
(e) The court shall consider the priorities established in subsections (c) and (d) of this section, but shall not be bound by those priorities. The court shall appoint the person who is best qualified and willing to serve as guardian.