Which entity typically appoints a guardian?

The appointment of a guardian is typically conducted by a court. This legal authority is mandated to ensure that guardianship is established in a manner that is fair, impartial, and in the best interests of the individual in need of assistance, often referred to as the ward. The court evaluates various factors, such as the ward’s capacity to make decisions and their needs for care, before making a determination.

While families can propose candidates for guardianship or provide input regarding their preferences, the ultimate decision rests with the court. Similarly, although wards can express their wishes regarding guardianship, they do not possess the legal authority to appoint a guardian themselves if they've been deemed incapable of managing their affairs. Healthcare providers may recommend guardianship in certain situations, but they do not have the jurisdiction to appoint one.

This court-driven process protects the rights of the ward and ensures that the guardian is suitable and committed to meeting their needs.