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ID S1248
Bill
Status
3/28/2014
Primary Sponsor
Judiciary and Rules Committee
Click for details
AI Summary
Senate Bill No. 1248 Summary
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Parents may appoint one or more alternate guardians in order of priority for unmarried minors through their will, with the alternate guardian next in priority becoming the appointed guardian if the primary guardian fails to accept within 30 days, declines appointment, dies, or ceases to act.
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Written notice of acceptance of guardianship appointment must be given by the appointed guardian to the minor and to the person having custody or care, or if none, to the minor's nearest adult relation immediately upon acceptance.
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A minor age 14 or older may object to a testamentary guardian appointment by filing written objection with the probate court before acceptance or within 30 days after notice of acceptance, and may withdraw the objection.
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When a minor objects to a testamentary appointment, the alternate guardian next in priority named in the will may accept the appointment, and the minor retains the same right to object to that alternate guardian.
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An objection does not prevent the court from appointing the testamentary nominee or any other suitable person in a proper proceeding.
Legislative Description
Amends existing law relating to testamentary appointments of guardians of minors to revise provisions relating to the distribution of written notice of acceptance of testamentary appointment of guardianship of a minor, to provide for the appointment of alternative guardians to specify conditions under which an alternate guardian becomes the appointed guardian; to provide that in the event a minor objects to a testamentary appointment the alternate guardian next in priority named in the will may accept the appointment and to provide that the minor shall have the same right of objection.
GUARDIANS OF MINORS
Last Action
Signed by Governor on 03/28/14 Session Law Chapter 287 Effective: 07/01/2014
3/28/2014