Bill > H1459

This bill amends existing law regarding the appointment of guardians by the Probate Court, which is a court that handles matters like wills and estates. Specifically, it changes the order of preference for who is presumed to be the most suitable person to be appointed as a guardian for an incapacitated person, meaning someone unable to manage their own affairs. The bill establishes that the spouse of the incapacitated person, or someone nominated by a deceased spouse, is the first in line, followed by the parent or parents, or someone they nominate. If neither of these groups is suitable or available, the court can appoint any person it deems appropriate. Importantly, the bill clarifies that a spouse or parent can freely choose to nominate a third party to serve as guardian, and this nominated person will be presumed to be the proper choice, though this presumption can be challenged with evidence.