(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">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.