Section 5-203
Except where the court has previously confirmed a nominee under section 5–202(c),
- (i) a minor 14 or more years of age who is the subject of a parental appointment,
- (ii) the other parent, if that parent's parental rights have not been terminated, or
- (iii) a person other than a parent having care or custody of the minor or with whom the minor has resided during the 60 preceding days, excluding a foster parent may prevent the appointment or cause it to terminate by filing in the court in which the appointing instrument is filed a written objection to the appointment before it is accepted or within 30 days after receiving notice of its acceptance. An objection may be withdrawn. An objection shall not preclude appointment of the nominee by the court in a proper proceeding of the parental nominee or any other suitable person. The court may treat the filing of an objection as a petition for the appointment of a temporary guardian, and proceed accordingly.
Comment
In the case where an objection is filed, the nominee has no authority to act and instead must file a petition for appointment as guardian under § 5-206. Although the minor, the other parent, or the person who has care or custody of the minor has the right to object to the appointment, the court still can appoint the nominee over any objection. An objection that is not timely filed will not prevent the appointment.
A written objection of a minor to a parental appointment prevents a later accepted appointment from becoming effective. However, if the objection is withdrawn before the filing of the guardian's acceptance, the effect of the objection is canceled. An objection filed within 30 days following the filing of an acceptance terminates the appointment but does not invalidate acts done previously in reliance on the guardian's authority. See § 5-210. It may be questioned, however, whether a post-acceptance objection that serves to terminate the authority of a parental guardian may be withdrawn so as to re-instate the guardian's authority. Safe practice in such a case would dictate that those interested in establishing a legal guardianship petition the court for an appointment under § 5-204.
The second to final sentence in the section is not intended to imply that a court proceeding for appointment of a guardian is necessary or appropriate when there has been an effective parental appointment. It was inserted to indicate that a minor age 14 or more may not block a court appointment of one nominated as guardian by a parent even though the prospective ward is able to block or terminate a parental appointment that does not involve action by the court. In this connection, note that § 5-207, applicable to an appointment by the court, directs the court to respect the nomination of the prospective ward if 14 or more years of age. But, the court may conclude that appointment of the minor's nominee would be contrary to the best interest of the minor, clearing the way for appointment of a parental nominee or some other suitable person.