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§ 35A-1212.1. Recommendation of appointment of guardian by will or other writing.

§ 35A‑1212.1. Recommendation of appointment of guardian by will or other writing.

Any parent may by willrecommend appointment of a guardian for an unmarried child who has beenadjudicated an incompetent person and specify desired limitations on the powersto be given to the guardian. If both parents make such recommendations, thewill with the latest date shall, in the absence of other relevant factors,prevail. Such recommendation shall be a strong guide for the clerk inappointing a guardian, but the clerk is not bound by the recommendation if theclerk finds that a different appointment is in the incompetent adult's bestinterest. If the will specifically so directs, a guardian appointed pursuant tosuch recommendation may be permitted to qualify and serve without giving bond,unless the clerk finds as a fact that the interest of the incompetent adultwould be best served by requiring the guardian to give bond. (2005‑333, s. 1.)

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