Q: Is it legal/ethical for guardianship to be granted to someone who have violent felons living and visiting the house?

A: No, it would generally not be legal or ethical for guardianship to be granted to someone who has violent felons living in or frequently visiting the home where an incapacitated adult or ward of court resides. There are several issues here:

• The court has a responsibility to thoroughly assess and make determinations on the fitness of proposed guardians, including evaluating potential risks to the ward's safety. The presence of violent individuals with a history of animosity should raise immediate red flags.

• Knowingly placing a vulnerable incapacitated person into an environment with individuals prone to violence very likely violates both state guardianship laws that prioritize the ward's welfare and well-being as well as more general fiduciary duties requiring protection from harm.

• If an unsuitable guardian is appointed and the ward later suffers injury or even death due to negligence or violence enabled by the guardian, there may be grounds for civil liability or criminal prosecution. The guardian failed in their duties.

In this case, if there was documented history of violence and protective orders, that should absolutely disqualify the petitioner from serving as an appropriate guardian. It was likely improper granted under the circumstances presented. The outcome here - separation from a protective parent and subsequent death under the guardian’s supervision - raises very serious questions about violation of statutory responsibilities.