Which of the following must be established for a guardianship to be deemed necessary?

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For a guardianship to be considered necessary, it is essential to establish that the proposed ward is an incapacitated person. This is the key criterion because guardianship is a legal arrangement designed to protect individuals who are unable to make decisions for themselves due to mental or physical limitations. Demonstrating incapacity means that the individual lacks the ability to understand the consequences of their actions or to manage their own affairs, which justifies the intervention of a guardian.

The concept of incapacity is central to guardianship laws, as these laws exist to ensure the welfare and rights of those who cannot advocate for themselves. A guardian is appointed to make decisions in the best interests of the incapacitated person, thereby providing protection and support where it is critically needed.

The other options do not align with this fundamental criteria for guardianship. For instance, if the proposed ward is a competent adult, they do not require a guardian. Similarly, having a stable income or family available to provide care does not inherently indicate the need for guardianship; these factors may provide support or assistance to a person but do not define their capacity to make decisions.

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