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A guardianship is a legal proceeding assigning a guardian for an incapacitated person (the “ward”) to manage their person, estate or both. The ward may be a minor whose parents are deceased or otherwise unavailable to take care of the child or an adult who is unable to manage their financial or personal affairs. In determining whether a guardianship is necessary, courts consider (1) the extent of the ward’s incapacity, (2) the necessity of the guardianship, and (3) the most appropriate person to be appointed guardian applying a “best interest of the ward” standard.
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