Sec. 1104.102.  APPOINTMENT PREFERENCES.  If the court finds that two or more eligible persons are equally entitled to be appointed guardian of an incapacitated person:
(1)  the incapacitated person's spouse is entitled to the guardianship in preference to any other person, if the spouse is one of the eligible persons;
(2)  the eligible person nearest of kin to the incapacitated person is entitled to the guardianship, if the incapacitated person's spouse is not one of the eligible persons; or
(3)  the court shall appoint the eligible person who is best qualified to serve as guardian if:
(A)  the persons entitled to serve under Subdivisions (1) and (2) refuse to serve;
(B)  two or more persons entitled to serve under Subdivision (2) are related in the same degree of kinship to the incapacitated person; or
(C)  neither the incapacitated person's spouse nor any person related to the incapacitated person is an eligible person.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.