§ 524.5-204 — Judicial Appointment of Guardian: Conditions for Appointment
Plain-Language Summary
This section sets the conditions under which a court may appoint a guardian for a minor. A full guardian may be appointed only if appointment is in the minor's best interest and either both parents are deceased or all parental rights have been terminated, with a parent-named guardian generally having priority unless that person fails to accept within 30 days. The court may also appoint a temporary guardian (up to six months) when there is an immediate need, or an emergency guardian with limited powers (up to 30 days) when delay would likely cause substantial harm to the minor's health or safety.
524.5-204 JUDICIAL APPOINTMENT OF GUARDIAN: CONDITIONS FOR APPOINTMENT.
(a) The court may appoint a guardian for a minor if the court finds the appointment is in the minor’s best interest, and:
(i) both parents are deceased; or
(ii) all parental rights have been terminated by court order.
If a guardian is appointed by a parent pursuant to section 524.5-202 and the appointment has not been prevented or terminated under section 524.5-203, that appointee has priority for appointment. However, the court may proceed with another appointment upon a finding that the appointee under section 524.5-202 has failed to accept the appointment within 30 days after notice of the guardianship proceeding.
(b) If necessary and on petition or motion and whether or not the conditions of paragraph (a) have been established, the court may appoint a temporary guardian for a minor upon a showing that an immediate need exists and that the appointment would be in the best interest of the minor. Notice must be given to the parents and to a minor who has attained 14 years of age. Except as otherwise ordered by the court, the temporary guardian has the authority of an unlimited guardian, but the duration of the temporary guardianship may not exceed six months. Within five days after the appointment, the temporary guardian shall send or deliver a copy of the order to all individuals who would be entitled to notice of hearing under section 524.5-205.
(c) If the court finds that following the procedures of this article will likely result in substantial harm to a minor’s health or safety and that no other person appears to have authority to act in the circumstances, the court, on appropriate petition, may appoint an emergency guardian for the minor. The duration of the guardian’s authority may not exceed 30 days and the guardian may exercise only the powers specified in the order. Reasonable notice of the time and place of a hearing on the petition for appointment of an emergency guardian must be given to the minor, if the minor has attained 14 years of age, to each living parent of the minor, and a person having care or custody of the minor, if other than a parent. The court may dispense with the notice if it finds from affidavit or other sworn testimony that the minor will be substantially harmed before a hearing can be held on the petition. If the guardian is appointed without notice, notice of the appointment must be given within 48 hours after the appointment and a hearing on the appropriateness of the appointment held within five days after the appointment.
History:
History: History:
2003 c 12 art 1 s 20