Who Can Quality as a Guardian?

In appointing a guardian, the court gives great weight to the potential ward’s preference. But not everyone preferred by a ward will qualify to be a guardian. This is especially true if a court requires a bond and the proposed guardian is not able to obtain one.

A person who has been convicted of a felony is disqualified from being a guardian unless the individual has a permanent certificate of relief from disabilities.

Family members are preferred by the courts. However, if there is fighting among family members, the court will appoint a neutral guardian. Also, family members who are suspected of abusing the potential ward will not be appointed guardians. Family members whose interest conflicts the interest of the potential ward will also not be appointed as guardians.

In addition to individuals, corporations can be guardians as well, especially for property management.