When a loved one is no longer able to manage their financial or personal affairs, a guardianship may be needed. The same is true if someone needs to have the authority to act for a minor or to manage the minor’s property.
The term “guardianship” refers to the court supervision of an incapacitated person. The court appoints a guardian legal authority to make personal and/or financial decisions for the incapacitated person.
The appointment of a guardian is a serious event. The “ward” is losing their legal authority to act for themselves. The process can be intrusive and costly. Given this reality, the courts go to great lengths to ensure that a guardianship is needed and that the proposed guardian is qualified.
The courts generally give preference to the following persons when deciding who can serve as the guardian:
If the ward is a minor and is at least 12, the minor may select a guardian in writing, subject to the
court’s finding that it is in the best interest of the minor.
Those suffering from mental capacity issues may qualify to have a guardian appointed. Those with less permanent challenges usually will not. This includes those who have acute drug additions, alcoholics, or those with destructive financial habits. Guardianship is not appropriate if there is a less intrusive alternative.
These alternatives include the:
The courts require clear and convincing evidence that these alternatives are not feasible before they will appoint a guardian.