75-5-204. Court appointment of guardian of minor -- Conditions for appointment.
The court may appoint a guardian for an unemancipated minor if all parental rights of
custody have been terminated or suspended by circumstances or prior court order. A guardian
appointed by will under Section 75-5-202, or by written instrument under Section 75-5-202.5,
whose appointment has not been prevented or nullified under Section 75-5-203 has priority over
any guardian who may be appointed by the court, but the court may proceed with an appointment
upon a finding that the testamentary or instrumental guardian has failed to accept the testamentary
appointment within 30 days after notice of the guardianship proceeding.
Amended by Chapter 41, 1985 General Session
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Last revised: Thursday, May 01, 2008