Sec. 3. 18-A MRSA §5-206, as amended by PL 1993, c. 686, §2 and affected by §13, is further amended to read:

§5-206. Court appointment of guardian of minor;

qualifications; priority of minor's nominee

The court may appoint as guardian any person, or as coguardians more than one person, whose appointment is in the best interests interest of the minor. The court shall set forth in the order of appointment the basis for determining that the appointment is in the best interest of the minor. The court shall appoint a person nominated by the minor, if the minor is 14 years of age or older, unless the court finds the appointment contrary to the best interests interest of the minor. The court may not appoint a guardian for a minor child who will be removed from this State for the purpose of adoption.

Sec. 4. 18-A MRSA §5-211, sub-§(b), as enacted by PL 1979, c. 540, §1, is amended to read:

(b) If the court located where the ward resides is not the court in which acceptance of appointment is filed, the court in which proceedings subsequent to appointment are commenced shall in all appropriate cases notify the other court, in this or another state, and after consultation with that court determine whether to retain jurisdiction or transfer he the proceedings to the other court, whichever is in the best interest of the ward. A copy of any order accepting a resignation or removing a guardian shall must be sent to the court in which acceptance of appointment is filed.

Sec. 5. 18-A MRSA §5-212, sub-§(d), as enacted by PL 1995, c. 623, §2, is amended to read:

(d) The court may not terminate the guardianship in the absence of the guardian's consent unless the court finds by a preponderance of the evidence that the termination is in the best interest of the ward. The guardian petitioner has the burden of showing by a preponderance of the evidence that continuation termination of the guardianship is in the best interest of the

ward. If the court does not terminate the guardianship, the court may dismiss subsequent petitions for termination of the guardianship unless there has been a substantial change of circumstances.