1. (A) Any competent person or a suitable institution may be appointed guardian of an incapacitated person.

2. (B) Subject to a finding of good cause by the court, persons who are not disqualified have priority for appointment as guardian in the following order:

   1. (1) a person nominated to serve as guardian by the incapacitated person;
   2. (2) an attorney in fact appointed by the incapacitated person pursuant to Section 62-5-501, whose authority includes powers relating to the person of the incapacitated person;
   3. (3) the spouse of the incapacitated person. A person who claims to be a common law spouse of the incapacitated person has the burden of proving that status in order to qualify for appointment as a guardian under this provision. A decision by the probate court regarding the status of a common law spouse is for the purpose of guardianship appointment proceedings only and is not binding in any other court of law or in any administrative proceeding;
   4. (4) an adult child of the incapacitated person;
   5. (5) a parent of the incapacitated person, including a person nominated by will or other writing signed by a deceased parent;
   6. (6) another relative of the incapacitated person;
   7. (7) a person nominated by the person who is caring for him or paying benefits to him.

HISTORY: 1986 Act No. 539, Section 1; 1990 Act No. 483, Section 4.