Guardianship for Adults with Disabilities
Individuals with developmental disabilities and/or mental illness often have difficulty caring for themselves or managing their finances independently. For this reason, the law permits parents, siblings, and other caregivers to petition the Court to be appointed as guardian of their loved ones with special needs when he or she turn 18 years of age.
- There are two types of guardianship:
- Guardianship of the Person: allows the guardian to make decisions regarding everyday activities such as educational needs; appropriate living arrangements, access to medical records and consent to medical treatment.
- Guardianship of the Property: allows the guardian to make decisions regarding the finances of their loved one. Specifically, the guardian shall act in the best interest of their loved one to preserve his or her own assets. This includes opening and closing bank accounts, paying bills on the individual's behalf, and signing contracts on the individual's behalf.
With limited exceptions, the guardian does not become liable for the actions of their loved one nor does the guardian assume any financial responsibility towards the individual. The guardian is only responsible for protecting the assets of their loved one and ensuring that he or she is safe. Once appointed as guardian, this position is permanent unless revoked by the Court.
ALTERNATIVES TO GUARDIANSHIP
In some cases, individuals with disabilities may not need a caregiver to make all of their decisions on their behalf. In those instances, caregivers may choose another option to ensure their loved ones are cared for -- such as Conservatorship, Limited Guardianship, or Power of Attorney.
Call our office today to find out the options
that are appropriate for your family's situation.