How many people have been convicted under the "lewd and lacivious behavior" statute for cohabitation within the last ten years? If people are never convicted of lewd and lacivious behavior, then conviction for such is no longer a meaningful factor in guardianship.
A bigger issue than whether someone has been convicted of such behavior at some point in the past would be the question of whether they were engaged in such behavior either when guardianship was being considered or at some time after it was granted. Even there, I think there should be some circumstances when it should not be a disqualifying factor (e.g. if a child's parents are killed in a car crash, and the only aunt/uncle is currently cohabiting with a fiancé(e), I would not say such cohabitation should disqualify that person for guardianship. On the other hand, I would like to see a statute make plain that a person cannot be guardian of a spouse against whom they have or are engaged in adultery.
Better to be more specific:
An individual who is the SPOUSE of an incapacitated person for whom guardianship is sought SHALL NOT be appointed as guardian or temporary guardian of the incapacitated spouse if the individual seeking guardianship has been found, at any time during the marriage to said incapacitated spouse (whether or not incapacitated at the time), to have: 2. impregnated a woman not his wife while still married to the incapacitated spouse; or 3. fathered/birthed illegitimate offspring while married to the incapacitated spouse.1. committed adultery against his/her incapacitated spouse; or