Guardianships
Powers exercisable by guardian w/o a court order?
a. Rental of property for up to one year When the ward's property includes rental property, the guardian should attempt to rent that property. A guardian may rent property of the ward for up to one year without obtaining a court order. b. Other A guardian may, without court order, insure the estate against liability and insure the property against hazards, pay taxes and court costs, vote stocks by proxy, pay assessments, release a lien on payment of a debt secured by the lien, and pay bond premiums.
Resignation or Removal of Guardian Process?
a. Resignation A guardian of the estate may resign by filing a written application and a verified final account. A guardian of the person may file a written application along with a report outlining the ward's condition in order to resign. A hearing will be held in either instance at which time the guardians must show that they have complied with all court orders and appropriately delivered the estate. b. Removal without notice or hearing Under § 1203.051 the court may remove a guardian without notice or hearing when one of the following events occur. 1) Guardian leaves the state or cannot be located If a guardian changes residency from Texas without appointing a Texas resident to accept service, is absent from the state for three months without the court's permission, or is not amenable to service because her whereabouts are unknown, the court may remove the guardian without notice. 2) Clear and convincing evidence of mistreatment or misfeasance If there is clear and convincing evidence that a guardian mistreated or neglected the ward, or that the guardian has or is about to embezzle or remove assets from the state, the court may remove the guardian without notice. The court may also remove the guardian without notice for failure to educate or maintain the ward as the estate allows. In those situations, the court appoints a guardian ad litem and an attorney ad litem who may be the same person unless there is a conflict of interest. 3) Failure to comply with procedures regarding appointment If a guardian fails to take the oath of office within 20 days of appointment, fails to return an inventory within 30 days, or fails to give bond within the time prescribed by the court, the court may remove the guardian without notice. c. Removal with notice and hearing The court may remove a guardian after notice and a hearing if there are sufficient grounds to believe that the guardian has or is about to embezzle or misapply funds, has become incapacitated, has neglected or cruelly treated the ward, has failed to obey an order of the court, has been guilty of gross misconduct or mismanagement, or is otherwise incapable of performing his duties. A guardian can petition the court for a hearing to be reinstated after removal without notice and hearing pursuant to § 1203.051, but only if the guardian was removed for mistreating the ward, misapplying or embezzling estate funds, or removing estate assets. The application must be filed within 10 days after the court signed the order of removal. d. Death of guardian The personal representative of the deceased guardian must present all property belonging to the guardianship to a person legally entitled to receive it. e. Appointment of successor guardian A court may appoint a successor guardian if a guardian is removed, dies, or resigns. The rules of appointment of a guardian and a successor guardian, and the responsibilities for each, are essentially the same.
Powers exercisable by Guardian only with a court order?
a. Sale of real property A guardian cannot sell real property without first applying for and obtaining a court order. The court can approve the sale of real property only in order to pay expenses of administration, claims, funeral expenses, and expenses of the ward's last illness. The court will not approve the sale of real property to pay for the ward's education and maintenance in the event the estate's income is insufficient; nor will it approve the sale to dispose of an undivided interest in property or a nonproductive property. After obtaining the court's permission to sell the real property and obtaining a buyer, the guardian must file a report of the sale with the court and receive the court's permission to consummate the sale. b. Sale of personal property As with real property, a guardian cannot sell personal property of the estate without court order. The court may authorize such sale in order to pay expenses of the ward's maintenance or education or the expenses of administration, illness, funeral, or claims. c. Borrowing money A guardian may obtain a home equity loan in order to pay medical or educational expenses or to make repairs to the encumbered property, but the guardian is required to obtain court approval before doing so. A guardian may also mortgage or pledge property as security for a debt if it is necessary for the payment of taxes, administrative costs, extension of an existing lien, or to make repairs or improvements to an existing income-producing property. d. Special needs trust The court may grant the creation of a special needs trust for the sake of a ward's eligibility for state and federal medical assistance. e. Filing for divorce If the court finds that good cause exists, it may authorize a guardian to file for the divorce of an incapacitated ward. f. When guardian can purchase property from estate Generally, a guardian cannot purchase any property of the estate, except in compliance with a contract written before the ward became incapacitated or by court order if it is found to be in the best interest of the estate. g. Guardian not liable for conduct of ward Unless actionable negligence by the guardian is proven, a guardian is not liable to third parties for the actions of the ward. A guardian of the estate may be liable for losses to the ward's estate due to the guardian's unauthorized acts such as losses from an unapproved loan. h. Other Court permission is required for most other exercises of guardianship power, including purchase of property and settling lawsuits or other claims of the ward. The guardian can be held personally liable for losses from acts done without court authorization when such authorization is required.
Estate planning permitted in guardianships?
1. Charitable Contribution The court may authorize charitable gifts from the income of the estate, but charitable gifts are limited by the following: i) The amount of the proposed contributions will generally not exceed 20 percent of the ward's income for the year; ii) The net income of the ward's estate probably will exceed $25,000; and iii) The contributions will qualify for a charitable deduction under the federal income tax code. 2. Management Trusts Created by the Court A trust in a guardianship may be created if the court finds that creation of the trust is in the ward's best interest, typically when a minor's estate is very large or when an incapacitated person's estate involves such a large sum of money that a corporate fiduciary's investment expertise is warranted. The order establishing the trust must establish that the ward is the sole beneficiary. 3. Minimizing Taxes If it can be shown that the ward will most likely remain incapacitated for his lifetime, the court may authorize the establishment of an estate plan in order to reduce taxes on the ward's estate. The court may authorize gifts to charities, the ward's spouse, persons related by blood or marriage, and devisees under the ward's last validly executed will.
When Guardianship is NOT needed??
1. Community Property If one spouse becomes incapacitated, the other spouse automatically becomes community administrator of the community property, and no guardianship administration is necessary unless the incapacitated spouse owns separate property. 2. Payment of Claim of $100,000 or Less If the total to be paid to a minor or incapacitated person is uncontested, liquidated, less than $100,000, and there is no legal guardian, a third party debtor may pay the amount into the court registry in order to avoid the time and expense of a guardianship. The $100,000 applies to the total of all claims owed to the minor or incapacitated adult. A parent or un-estranged spouse may withdraw the money for the person's use and benefit by posting bond conditioned on using the funds for the minor or incapacitated adult's benefit. 3. Sale of Property Worth $100,000 or Less a. Minor's interest If a parent or conservator wish to sell a minor's interest in property that is valued at less than $100,000 and no guardianship administration is pending, he may apply to the court for an order to sell the property without being appointed guardian. Sale proceeds are deposited into the court registry and can be withdrawn for the minor's benefit. b. Incapacitated person's interest If an incapacitated person has a guardian of the person but not of the estate and has property with a net value less than $100,000, the guardian may apply to sell the ward's interest in the property without being named guardian of the estate. Sale proceeds are deposited into the court registry and can be withdrawn for the incapacitated person's benefit. 4. Social Security Benefits Social security benefits are not part of the guardianship estate unless the benefits are paid directly to the guardianship or commingled with funds of the guardianship estate.
Annual Accounting Requirements?
1. Guardian of the Estate A guardian of the estate must submit annually a verified accounting, including an affidavit, that shows all receipts and reimbursements, claims paid or rejected, and a complete description of property being administered and property now on hand in the ward's estate. The court can waive the annual accounting if a ward's estate produces negligible or fixed income, though an accounting may still be required upon closure of the estate. For good cause, the court can extend the time period for filing the annual accounting. 2. Guardian of the Person A guardian of the person must file an annual report that shows receipts and disbursements for the ward's support, maintenance, and education. 3. Penalty for Failure to File a Report A guardian who fails to file any required report may be fined up to $1,000, be removed as guardian, or both. In addition, the court makes an annual review of the guardian to determine whether the guardianship should be modified, continue unchanged, or terminated. The guardian of the person's recommendation should be included in his annual report.
Guardian's Bond?
1. Guardian of the Person A guardian of the person must give bond to secure the faithful performance of her duties. The amount of the bond is determined by the court. However, if a parent's will or written declaration states that a person shall serve as guardian of the minor children without a bond, then that person is not required to give bond. 2. Guardian of the Estate A guardian of the estate must give bond, and this requirement cannot be waived by a parent's will or written declaration. A corporate fiduciary or guardianship program, however, are not required to give bond. The amount of penalty on the bond is generally equal to the revenues anticipated to be received by the ward's estate in the next 12 months, plus the value of all personal property belonging to the ward. 3. Bond Timing A bond must be given and approved within 20 days from the date guardianship is granted.
Inventory and Appraisement Requirements?
1. Procedures for Payment of Creditors' Claims Within one month of being appointed, a guardian must publish a notice requiring all persons to present their claims to the estate. Within four months, the guardian must give personal notice to secured creditors and those creditors that the guardian knows have a claim for money. The guardian cannot approve a claim for money that is not supported by affidavit and authenticated. The guardian must approve or reject claims within 30 days of being presented. 2. Order of Payment of Claims If the ward's estate is insolvent, approved claims are paid in the following order: i) Expenses of guardianship administration; ii) Expenses for the care, maintenance, and education of the ward or ward's dependents; iii) The ward's funeral expenses and expenses of last illness; and iv) Other claims. 3. Secured Claims A matured secured claim will be paid, and a preferred debt and lien will be satisfied by the security interest in the claim. 4. Guardian's Liability for Nonpayment If a guardian does not pay a claim when the estate is liable, the guardian's bond and the sureties on the bond can be held liable.
Guardian of the person vs guardian of the estate?
A "guardian of the person" must be an individual. A guardian of the person has the right to physical possession of the ward and is charged with the duty of the ward's care, including the duty to provide food, clothing, shelter, medical care, and to consent to the ward's psychiatric, medical, and surgical treatment. A guardian of the person also has the right to establish the ward's legal domicile. A guardian of the estate is charged with the duty of possession and management of the ward's property and financial dealings. An individual or a corporation can act as a guardian of the estate. Following are the rights and duties of a guardian of the estate. 1) Possession A guardian of the estate must take into possession the ward's personal property, business papers, and record books. However, the guardian does not have the right to take possession of the ward's will. 2) Claims and debts A guardian of the estate must use ordinary diligence to collect all claims and debts due to the ward and to recover possession of the ward's personal property. The guardian may also bring suits for recovery of property or title to land. 3) Prudent person standard A guardian must use the standard of the "prudent person" in managing the ward's affairs and must account for all rents, profits, and revenues of the estate.
Guardian Definition?
A guardian is a person appointed by the probate court and charged with the duty of care and management of a minor or incapacitated adult, the individual's property, or both the individual and her property.
Compensation of Guardian?
A guardian of the person's compensation cannot exceed 5% of the ward's gross income. A guardian of the estate's compensation is based on reasonableness and is typically 5% of the ward's gross income plus 5% of all money paid out of the estate. A guardian is not compensated for collecting insurance proceeds or monthly pension benefits. An attorney acting as guardian may be entitled to be compensated for both roles.
Termination of Guardianship?
A guardianship of the estate is settled when: i) A minor ward becomes an adult or dies; ii) An incapacitated ward is deemed to have been restored to full legal capacity or dies; iii) The estate becomes insolvent or the income so minimal that maintenance is burdensome; iv) When a minor's estate is $100,000 or less; or v) The court determines that a guardianship is no longer necessary. 2. Final Accounting A guardian must file a final accounting when a guardianship of the estate is settled. After filing a final accounting, the guardian may petition the court to be discharged. If three years pass after the ward's death or a minor reaches majority and no person has asked for a final accounting, the court may remove the estate from the court's docket without a final accounting.
General rule for guardian of minor w/ at least 1 parent living?
A living parent is naturally the guardian of a minor's person, but not of the minor's estate unless appointed by the court. A court must appoint one parent to be the guardian of the child's estate if the child has any assets. If there is more than one child, a separate guardianship of the estate is made for each child. If the parents cannot agree as to which one should serve as guardian, the court will choose based on which parent is more capable. If there is only one living parent, that parent generally will be appointed guardian of the estate.
Guardian for child at least 12 years old?
A minor child who is at least 12 years old may choose his own guardian, subject to the court determining that the minor's choice is in the minor's best interest.
Minor definition?
A minor is a person under age 18 who has never been married.
Incapacitated adult definition?
An incapacitated adult is a person over age 18 who, because of mental or physical condition, is substantially unable to provide food, shelter, or clothing for himself, to care for his physical health, or to manage his financial affairs.
Co-Guardians Generally Not Allowed...?
Generally, only one person may be appointed guardian, although different persons may be appointed guardian of an individual and guardian of that individual's estate. For example, siblings may not be appointed as co-guardians of a parent, but one sibling may be appointed guardian of the parent's person and another sibling appointed guardian of the parent's estate. An exception exists for a husband and wife, who can usually be appointed as co-guardians, but this exception does not apply to guardianship of the estate of a minor child of the husband and wife. Co-guardians appointed in another state can act as co-guardians in Texas.
Procedure Once Guardian Found Qualified?
If a guardian is found to be qualified, the guardian must take an oath to faithfully discharge his duties and post any required bond within the necessary timeframe. At that point, the guardian is issued letters of guardianship which allow him to enter into transactions for the guardianship estate. These letters of guardianship expire 16 months from the date they are issued unless renewed. Third parties who deal with the guardian in good faith and in reliance on the guardian's authority are protected.
Full vs. Limited Guardianship?
If the court determines that a proposed ward is completely without capacity to care for himself or his estate, the court may appoint a full guardian of the estate, of the person, or both. § 1101.151 If the court determines that a proposed ward lacks the capacity to do some but not all of the necessary tasks to manage himself and his property, the court may appoint a limited guardianship, allowing the ward to continue to manage himself in all areas other than those specifically given to the limited guardian for responsibility. There is a strong modern inclination in Texas toward limited guardianships whenever practicable and in the best interests of the ward.
Guardianship Proceeding Jurisdiction?
Only a court exercising original probate jurisdiction may hear matters pertaining to a guardianship estate. A final order issued by a probate court is appealable to the court of appeals.
General guardian rules for persons other than minors?
The court has broad discretion in the appointment of a guardian for persons other than minors (i.e., incapacitated persons), and applies the "best interest of the ward" standard to do so. The ward's spouse is entitled to serve as guardian unless he is disqualified. If the ward is not married, the next of kin is entitled to the guardianship. The court must make a reasonable effort to take into account the ward's preference in choosing a guardian. The last surviving parent of an incapacitated person may designate a guardian in the same manner as that described for minor children.
Guardian ad litem process?
The court may also appoint a guardian ad litem to represent the interests of an incapacitated person. The purpose of the guardian ad litem is to help the court determine what will be in the ward's best interests. A guardian ad litem is entitled to reasonable compensation. A guardian ad litem is not responsible for civil damages arising from a recommendation of guardianship unless the recommendation is found to be willfully wrongful, given with conscious indifference or reckless disregard, given in bad faith with malice, or grossly negligent.
Examinations and Reports by a Physician for the Court?
The court may not grant an application to create a guardianship for an incapacitated person, other than a minor or person for whom it is necessary to have a guardian appointed to receive funds from a governmental source, unless the applicant presents to the court a written letter or certificate from a physician licensed in Texas that is dated not earlier than 120 days before the filing of the application and based on an examination the physician performed not earlier than 120 days before the date of the filing of the application. The letter of certificate must: i) Describe the nature, degree, and severity of incapacity; ii) Provide an evaluation of the proposed ward's physical condition and mental function; iii) State how or in what manner the proposed ward's ability to make or communicate responsible decisions concerning himself is affected by the person's physical or mental health; iv) State whether any current medication affects the demeanor of the proposed ward; v) Describe the physical and mental conditions underlying a diagnosis of mental disability; and vi) Include other information required by the court.
Attorney ad litem process?
The court must appoint an attorney ad litem to represent the interests of the proposed ward. An attorney ad litem must be certified in guardianship law and procedure by the state bar. The attorney ad litem must interview the proposed ward, review all of the medical and physical examinations, and review the application for guardianship. The attorney ad litem receives compensation at the court's discretion.
Court proceeding to appoint a guardian?
The court must find by clear and convincing evidence that the ward is incapacitated, it is in the ward's best interest to have a guardian appointed, and the ward's rights and property will be protected by the appointment of a guardian. The burden of proof is on the person alleging the incapacity. The finding of incapacity must be made based on more than isolated instances of bad judgment; repeated acts within the previous six months indicating incapacity are required. When guardianship of an adult incapacitated person is sought, there usually must be current medical evidence of the person's incapacity, which is supplied by a letter or certificate from a licensed physician who has examined the proposed ward. The court must make further findings as to venue, eligibility of the proposed guardians, and that the proposed ward is either totally unable to care for herself and her property or is unable to do some of the tasks necessary for her care. Once guardianship has begun, there must be an annual review as to whether the guardianship should continue or be modified, whether the guardian is performing all of his duties, the well-being of the ward, and the sufficiency of the guardian's bond. Anyone except a person with an adverse interest to the proposed ward has standing to contest the guardianship proceedings. The proposed ward must be present at trial and has the right to a jury trial and closed hearing. A court investigator will investigate to see if there are less restrictive alternatives to full guardianship
Payment for Attorneys and Court Appointed Persons?
The guardian is entitled to reimbursement for reasonable attorney's fees, regardless of the success of the proceeding. The guardian pays the attorney's fees incurred in proceedings for removal either for cause or for the guardian's neglect. The court fixes the amounts to be paid for attorneys, attorneys ad litem, guardians ad litem, and court visitors. If the ward's estate cannot pay, the county must pay.
Payment of Ward's Education and Maintenance Costs?
The guardian must file an application for a monthly allowance to be expended on the ward's behalf, unless he is the ward's parent. This application must be filed within 30 days after the guardian is authorized to serve. The court may allow the guardian to make some good faith expenditures without the court's approval if it appears the guardian acted in good faith, the expenditures were reasonable and proper, the ward received the benefits of the expenditures, and the court would have granted the authority to make the expenditures had it not been inconvenient or impossible for the guardian to secure court approval.
Investment plan requirements?
The guardian of the estate may invest in statutorily approved investments such as government bonds or bank accounts that are insured by the Federal Deposit Insurance Corporation without first obtaining court approval. Otherwise the guardian must submit an application to the court within 180 days after the guardian is qualified to serve for an order authorizing the guardian to develop an investment plan for the estate assets, declare that one or more assets must be retained even though the assets do not adequately produce income, loan estate funds, invest in real estate or other assets, purchase a life insurance policy or annuity contract, or modify or eliminate the guardian's duty to invest the estate. The fact that an account or asset is devised in the ward's will does not prevent the court from authorizing its sale to pay claims or expenses.
Guardian for orphan general rules?
The last surviving parent may designate a guardian of the parent's minor children by valid will or an entirely handwritten and signed declaration. The court will also accept a declaration that has been attested to by two disinterested witnesses over age 14, provided that such declaration was either signed by the parent or at her direction and in her presence. If the second type of declaration is submitted to the court, it may be accompanied by a self-proving affidavit, signed by the parent and the witnesses, attesting to the parent's competence, as well as to the execution of the declaration. The bonding requirement (see § II.B. Guardian's Bond, infra, for a more detailed discussion of this requirement) for the guardian of the estate cannot be waived; however, the bonding requirement for the guardian of the person may be waived by the will or declaration. If such declaration has been left, the court must appoint the guardian, unless the court finds such guardian to be disqualified or the guardian is dead, refuses to serve, or would not serve the best interest of the children. Alternatively, if the last surviving parent did not appoint a guardian, the grandparents are entitled to guardianship of both the minor and the estate. If there is more than one grandparent, one must be chosen as a guardian by the court. If there are no living grandparents, the next of kin is appointed as guardian, unless there is no next of kin, in which case the court may appoint another qualified person.
Ward definition?
The minor or incapacitated adult for whom a guardian is appointed is a ward. §1002.030. A ward has all the rights, benefits, responsibilities, and privileges granted by the constitution and laws of Texas and the United States, except those specifically limited by guardianship. Some of these rights include the right to be treated with dignity and respect, to have a guardianship that maximizes self-reliance as much as possible, to have personal preferences considered with regard to residence, treatment, and other aspects of life, and to raise concerns regarding the guardian or guardianship with the court.
Standard of Care wrt Investments?
The standard of care that a guardian of the estate must exercise with respect to investments is the judgment and care that a person of ordinary prudence, discretion, and intelligence exercises in the management of his own affairs (i.e., a prudent person standard). The guardian has a duty to keep available money and assets not necessary for the immediate needs of the ward invested, subject to court modification for the best interest of the ward. The guardian should consider the following in managing the investments of the estate: i) The nature of the ward's estate; ii) The anticipated costs of supporting the ward; iii) The ward's age, education, current and potential income, net worth, and liabilities; and iv) Other resources available to the ward.
Estate Planning to Avoid Guardianships?
When estate planning for older individuals, often the primary goal is to provide for their possible future incapacitation in such a way as to avoid the guardianship laws. 1. Trusts A trust can be created by an individual who places his assets in a trust of which the individual is the beneficiary. Typically, the individual names himself as trustee (e.g., a living trust), but makes provision for the management of the trust upon his incapacity either by naming a co-trustee or providing for a successor trustee. The terms of the trust spell out the manner in which the assets of the trust are to be managed. [A full discussion of this topic can be found in the Themis Trusts outline.] 2. Durable Power of Attorney An individual may name a spouse, child, parent, or trusted associate as agent under a durable power of attorney that gives the agent power to act on behalf of the individual in the event the individual becomes incapacitated. By statute, a durable power of attorney is defined as a written instrument that designates another person to act for the principal; is signed by the adult principal; contains language showing the principal's intent that the power conferred be exercised should the principal become incapacitated; and is notarized. § 751.002. There are two general powers of attorney—one to cover property decisions and one to manage health care decisions. The court, however, may appoint a temporary or permanent guardian, which then overrides the durable power of attorney. 3. Living Will An individual may choose to create a Physician's Directive, commonly referred to as a "living will," which clarifies the individual's wishes should her survival require life-sustaining machinery. 4. Uniform Transfers to Minors Act ("UTMA") Every state, including Texas, has enacted the UTMA, which provides a convenient method by which an account can be set up for a minor, with a custodian who is required to manage the account until the minor reaches age 21.
Venue for Guardianship Proceeding?
a. Minor A guardianship proceeding for a minor shall be brought in the county in which the parents of the minor reside. If the two parents reside in different counties, then the proceeding shall be brought in the county of the parent who has the greater period of physical custody. If both parents are deceased, the county where the last surviving parent was living shall be the appropriate venue for the guardianship proceeding. b. Incapacitated adult In the case of an incapacitated adult, guardianship proceedings may be brought either in the county of the incapacitated adult's residence or the county in which the principal estate of the incapacitated adult is located. c. Appointment of guardian by will If a guardian was appointed by will, the proceeding for appointment of the guardian may be brought either in the county in which the will was probated or the county of the appointee's residence. d. Venue in more than one county If two or more counties have concurrent jurisdiction, the county in which the guardianship application was first filed has jurisdiction. e. Transfer of guardianship Upon motion to the court, a guardianship may be transferred to another county.
Specialized Guardianship List?
a. Governmental source guardianship Some governmental agencies require a guardianship before they will pay benefits on behalf of a minor or incapacitated person. The guardian is appointed as a "Guardian to Receive Funds from a Governmental Source." The guardian's powers are limited to administering these funds and paying out, without court approval, up to $12,000 per year for expenses of administering the guardianship and for the health, education, and maintenance of the ward. b. Temporary guardian 1) Appointment If there is reason to believe that a person or the person's estate has immediate need of a guardian, the court can appoint a temporary guardian. After the application, a hearing must be held on the appointment within 10 days. An attorney ad litem must be appointed for the hearing unless the ward has independent counsel. The court grants the guardian the duties and responsibilities necessary and retains all additional rights in the individual. A temporary guardianship lasts for no more than 60 days. Once a permanent guardian is appointed, the temporary guardianship terminates. 2) Substantial evidence test The court can appoint a temporary guardian only if there is substantial evidence that the person is a minor or an incapacitated person, and it must be shown that the individual is in imminent danger of his safety or health being impaired or that the person's estate will be dissipated or damaged unless immediate action is taken.
Limitations on who may serve as a guardian?
a. Lack of capacity If a person is a minor or an incapacitated adult, that person is disqualified from serving as a guardian. b. Conflict of interest A person is disqualified from serving as a guardian if that person is asserting a claim adverse to the ward, is a party to a lawsuit involving the ward, or is indebted to the ward. The court may, however, determine that the lawsuit does not create a conflict or may appoint a guardian ad litem to represent the interests of the ward in the litigation. c. Lack of experience or unsuitable choice If the court finds a person to be an unsuitable choice for guardian, or the person is not capable of properly and prudently managing the ward or the ward's estate, that person may be disqualified as a guardian. d. Person convicted of sexual assault If a person has been convicted of a sexual offense, sexual assault, aggravated assault, abandoning or endangering a child, or injury to a child, the elderly, or a disabled individual, it is presumed to be in the best interest of the ward to disqualify that person as guardian. e. Other grounds If a person was previously disqualified by a proposed ward's "Designation of Ward before Need Arises," then that person will be disqualified as guardian in any future proceedings, as well. In addition, a potential guardian will be disqualified if she is a nonresident and did not appoint a resident to accept service of process for all guardianship-related matters.