75-5-204. Court appointment of guardian of minor -- Conditions for appointment.
(1) In accordance with Subsection, the court may appoint a guardian for an unemancipated minor if: (2) each parent of the minor acknowledges that the parent understands the legal effect of the guardianship and consents; all parental rights have been terminated; or 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 guardian appointed by will under Section, or by written instrument under Section, whose appointment has not been prevented or nullified under Sectionhas priority over any court appointed guardian. 75-5-202 75-5-202.5 75-5-203 Notwithstanding Subsection, 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. (2)(a)