39 Am Jur 2d
GURADIAN AND WARD
Section 48
Fitness or competency, generally
"The decision of whom to appoint as as guardian or conservator lies within the broad discretion ot the trial court. In determining the selection of a guardian, the court may consider the financial situaltion, the business acumen, the physical condition, the morals, character, and conduct, and the present and past history of a prospective appointee, [emphasis mine] as well as his or her ability to exercise the powers and duties of guardian for the full period during which guardianship will be necessary. As a general rule, a person is qualified to act as a guardian if he or she is competent to transact his or her own business and is not otherwise unsuitable or disqualified by factors such as mental incapacity, conviction of crime, moral delinquency, [emphasis mine] or physical disability, which prevents such person from properly discharging the duties of the office."
For additional legal perspective on Mr. Shiavo's moral delinquency and criminal conduct, and thus his unsuitability to properly discharge the duties of a guardian, see 2 Am Jur 2d, Sections 3 and 6, ADULTERY and FORNICATION
Cordially,