two children want to be guardian over a parent, what can make one child get appointed over the other, does misdemeanors and a felony have anything to do with it
Lawsuit / Dispute Attorney
Criminal convictions can have a lot to do with it. So can education, experience, character, etc.
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It certainly could. Being a guardian puts someone in a position of trust over another, and if that person cannot obey the law, it calls into question their ability to fulfill the duties and responsibilities that come with being in charge of another person's affairs.
Estate Planning Attorney
Courts have a lot of discretion in this and will do a full inquiry. It is there object to discover what would be in the best interest of the protected individual. Obviously crimes can be an important part of this. Relationship with the parent. Living situation. Level of responsibility and education. Who the parent would choose. There are a lot of factors a court will consider.
I agree with my colleagues. While I know of no express statutory bar for someone with a criminal background to serve as guardian for their parent, this is certainly going to be a major red flag for the judge. Probate judges are under a great deal of pressure and scrutiny due to the large number of crimes that are committed against vulnerable individuals. While the court has no direct control or supervision over these cases, there have been SEVERAL instances where judges have been removed from the bench because of these situations happening, "on their watch." So these appointments are something taken very seriously by judges.
What the crime involved would certainly have an impact, as well.
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