Section 75-5-204 - Court appointment of guardian of minor - Conditions for appointment(1) In accordance with Subsection (2), the court may appoint a guardian for an unemancipated minor if: (a) each parent of the minor acknowledges that the parent understands the legal effect of the guardianship and consents;(b) all parental rights have been terminated; or(c) each parent is unwilling or unable to exercise the parent's parental rights for any reason, including a court order suspending the parent's parental rights.(2)(a) 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 court appointed guardian.(b) Notwithstanding Subsection (2)(a), the court may proceed with a court 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 287, 2021 General Session ,§ 1, eff. 5/5/2021.Amended by Chapter 41, 1985 General Session