The court will determine which of the petitioners is best suited, and if the court finds neither to serve, it will appoint a professional to serve as guardian/conservator.
In some circumstances, prospective guardians/conservators can petition the court to share duties and be coguardians/co-conservators.
If more than one person is seeking the appoint as a guardian, the court will follow the order of priority
below in choosing the guardian:
- a currently acting guardian;
- a person nominated as guardian by the respondent;
- an agent under a durable medical power of attorney;
- an agent under a general durable power of attorney;
- the spouse of the respondent or a person nominated by a will or other signed writing of a deceased spouse;
- the partner in a civil union of the respondent or a person nominated by will or other signed writing of a deceased partner in a civil union;
- an adult child of the respondent;
- a parent of the respondent or an individual nominated by a will or other signed writing of a deceased parent; and
- An adult with whom the respondent has resided for more than six months immediately before the filing of the petition.
However, the court can appoint someone as a guardian who has a lower priority or no priority at all if the court finds good cause shown.