Adult Guardianship - Determining Competency
The person seeking guardianship must prove that the proposed ward is unable to care for him or herself or make decisions. This may be due to a medical condition like dementia, a developmental disability, a mental health problem, or a debilitating addiction.
Incompetency is NOT the same as poor judgment. It is not enough to show that the person has made bad decisions.
The standard of proof used in these cases is "clear and convincing evidence." This is a fairly high standard of proof that puts the burden on the person seeking guardianship. Because a guardianship results in the loss of fundamental rights, judges are hesitant to find that a person is incompetent and in need of a guardian.
The judge may require that the proposed ward be evaluated by a qualified health care professional such as a doctor or psychologist.
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Guardianship Capacity |