Appointment of Disinterested Third Party as Guardian Over Those Nominated in Power of Attorney

An incompetent adult had executed, earlier in her life and during a period of competency, 2 sets of valid estate planning documents naming two different individuals as her guardian. Both nominated guardians applied to be appointed guardian. In light of hostility between the applicants and their inability to always act in the ward's best interest, the Court of Appeals affirmed the Probate Court's ruling that neither applicant was suitable to serve as guardian and appointed a disinterested third party despite the fact that the incompetent adult had expressed strong preference for the 2 applicants in her estate planning documents.