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A. The Trial Court shall have authority, whenever it appears necessary, to appoint a guardian for the person and/or property of any child who is subject to the jurisdiction of the Juvenile Court.

B. The Trial Court in connection with the probating of an estate may refer matters concerning the guardianship of a child to the Juvenile Court for appointment of a guardian:

1. In the probate of an estate for which there is a valid will, which names a guardian for a minor child, the Court may appoint the person designated as guardian of the child involved without the necessity of a separate guardianship hearing;

2. If the person named in the will is unable or unwilling to serve or if such person’s appointment is objected to by any child over twelve (12) years of age, by a relative or by the Indian Child Welfare Department, or if the Court determines it to be in the minor’s best interest, a separate guardianship hearing shall be held.