Section YAE.03.03 — Grounds For Appointing A Guardian And Burden Of Proof.

(a) The Court may appoint a guardian when the parent has consented in writing to the guardianship, if the proposed youth is under 18 years of age.

(b) Alternatively, if there is no consent the Court must find all the following conditions have been proved by clear and convincing evidence if the proposed youth is under 18 years of age:

(1) That appointment of a guardian is in the best interest of the youth; and

(2) The youth's best interests would not be served if the youth does not have a guardian; and

(3) That the petitioner(s) can provide appropriate and adequate parental care for the youth's financial and emotional support.

(c) If the proposed ward is over 18 years of age, the Court must find by clear and convincing evidence that the proposed ward is legally incompetent and is unable to manage his or her affairs.

(1) The Court shall consider the medical reports and reports and the guardian ad litem and any other relevant evidence, including substantiated findings of elder abuse as provided for in Chapter YAE.11.