29-2-20.

Rights of minor; impact on testamentary capacity

(a) In every guardianship, the minor has the right to:
(1) A qualified guardian who acts in the best interest of the minor;
(2) A guardian who is reasonably accessible to the minor;
(3) Have his or her property utilized as necessary for his or her support, care, education,
health, and welfare; and
(4) Individually or through the minor's representative or legal counsel, bring an action
relating to the guardianship.
(b) The appointment of a guardian is not a determination that a minor who is 14 years of
age or older lacks testamentary capacity.

29-2-8. Termination of temporary guardianship; petition for termination of guardianship

(a) A temporary guardianship shall terminate on the date upon which the earliest of the
following occurs: the minor reaches age 18, the minor is adopted, the minor is
emancipated, the minor dies, the temporary guardian dies, letters of guardianship are
issued to a permanent or testamentary guardian, or a court order terminating the
temporary guardianship is entered. Proof of adoption, death, or emancipation shall be filed
with the court and the court may order a hearing in an appropriate case.
(b) Either natural guardian of the minor may at any time petition the court to terminate a
temporary guardianship; provided, however, that notice of such petition shall be provided to
the temporary guardian. If no objection to the termination is filed by the temporary
guardian within ten days of the notice, the court shall order the termination of the
temporary guardianship. If the temporary guardian objects to the termination of the
temporary guardianship within ten days of the notice, the court shall have the option to
hear the objection or transfer the records relating to the temporary guardianship to the
juvenile court, which shall determine, after notice and hearing, whether a continuation or
termination of the temporary guardianship is in the best interest of the minor.
29-2-16. Individuals with preference for permanent guardianship of minor; preference
not controlling
(2) The nearest adult relative of the minor determined according to Code Section 53-2-1;
(3) Other adult relatives of the minor;
(5) An adult who was designated in writing by either of the minor's natural guardians in a

notarized document or document witnessed by two or more persons; or

(6) An adult who has provided care or support for the minor or with whom the minor has
lived.

29-2-18. Hearing; best interest of the child standard

Upon the filing of a petition for the appointment of a permanent guardian of a minor and the
giving of notice, the court shall hold a hearing and the standard for determination for all
matters at issue shall be the best interest of the minor.