Under 81.02(a), which statement best describes when a court may appoint a guardian?

Under 81.02(a), which statement best describes when a court may appoint a guardian?

• A. The appointment is necessary to provide for personal needs of that person and/or to manage property; and the person agrees to the appointment, or the person is incapacitated as defined in subdivision (b).
• B. The appointment is accidental and may be issued without consent
• C. The court may appoint a guardian only if the person is over 65
• D. The guardian must be a corporate trustee

Answer: (A)

Under 81.02(a), guardianship is a protective tool used when someone cannot meet their own needs or manage their property. The court may appoint a guardian only when that appointment is necessary to provide for the person’s personal needs or to care for their property, and it happens if the person agrees to the appointment (if they have capacity) or if the person is incapacitated as defined in subdivision (b). In short, guardianship is not something the court does at random or based on age; it activates to protect someone who can’t handle personal or financial affairs, with consent if possible or a judicial finding of incapacity if not. The guardian does not have to be a corporate trustee; a guardian can be a natural person or other suitable entity.

Under 81.02(a), guardianship is a protective tool used when someone cannot meet their own needs or manage their property. The court may appoint a guardian only when that appointment is necessary to provide for the person’s personal needs or to care for their property, and it happens if the person agrees to the appointment (if they have capacity) or if the person is incapacitated as defined in subdivision (b). In short, guardianship is not something the court does at random or based on age; it activates to protect someone who can’t handle personal or financial affairs, with consent if possible or a judicial finding of incapacity if not. The guardian does not have to be a corporate trustee; a guardian can be a natural person or other suitable entity.