What evidence is required to support the need for appointing a guardian?

The requirement for appointing a guardian is rooted in the need to protect individuals who may not be able to make informed decisions regarding their personal, financial, or medical well-being. The standard of evidence necessary in these cases is "clear and convincing evidence." This level of proof is higher than "preponderance of the evidence," which is often used in civil cases, but lower than "beyond a reasonable doubt," which is applicable in criminal cases.

Clear and convincing evidence is deemed appropriate in guardianship proceedings because it addresses the significant impact that appointing a guardian has on an individual's rights and autonomy. This level of evidence provides sufficient assurance to the court that the allegations concerning the individual's incapacity or need for a guardian are true, ensuring that guardianship is only granted when truly warranted. Such a standard assists in safeguarding against unnecessary limitations on a person's freedoms, emphasizing the importance of thorough and robust evidence in the decision-making process.