When people with special needs reach adulthood, they may need help making decisions about their personal care and finances. This is where the court may appoint a guardian to make decisions for an adult who cannot make these decisions themselves. Guardianship may limit independence, but when successful, it provides the person with the care and protection they need.
Why Might Someone Need Guardianship?
According to Special Needs Answers, guardianship is typically necessary when an adult cannot manage their personal or financial affairs due to a disability or other condition. For example, an adult with developmental or cognitive disabilities may need a guardian to help with everyday decisions. Parents often become guardians for their children with severe disabilities once they turn 18 to continue providing support and care.
How Is a Guardian Appointed?
The process of appointing a guardian involves several steps:
- Petitioning the Court: The person seeking guardianship must file a petition with the court. They must notify the person over whom they seek guardianship and their family members about the petition.
- Physician’s Report: The court requires a recent medical report describing the condition of the person needing guardianship.
- Guardian Ad Litem (GAL): The court may appoint a GAL to represent the best interests of the person needing guardianship. The GAL will investigate the situation and report back to the court.
- Court Hearing: A hearing is held where the judge hears testimony about the person’s ability to make decisions and the suitability of the proposed guardian.
What Happens at the Court Hearing?
During the court hearing, the judge listens to evidence and testimony relating to the guardianship case. These include the proposed protected person’s capacity to make decisions, as well as the qualifications of the potential guardian. If the judge finds both candidates suitable, they will issue an order appointing the guardian.
Can Guardianship Be Contested?
Yes, guardianship can be contested. Family members or the person needing guardianship can object to the appointment of a particular guardian. The court will consider these objections and decide based on the best interests of the person needing guardianship.
How are Guardians Chosen?
The court considers several factors when choosing a guardian:
- The wishes of the person needing guardianship.
- The ability of the proposed guardian to manage the person’s affairs.
- The past behavior of the proposed guardian, such as any history of abuse or neglect.
Co-Guardians and Successor Guardians
Sometimes, two people can serve as co-guardians. For example, both parents might be appointed as co-guardians for their adult child with a disability. This prevents them from reapplying if something happens to one guardian. Otherwise, the court may appoint a successor guardian with whom the original guardian may disagree.
What if No Family Member Is Available?
A professional or public guardian may be appointed if no family member or trusted person is available to serve as guardian. These guardians are often professionals who can provide the necessary care and oversight, although they might not offer the same level of personal attention as a family member.
When Guardianship of a Special Needs Adult Is Successful
Public Guardian shared an inspiring story about Donald K, a ward. At the age of 50, Donald, who had lifelong medical issues and a second-grade education, became a ward of the Public Guardian due to financial exploitation. The Public Guardian’s case manager helped Donald find social and vocational programs that improved his quality of life.
Through the support of the Public Guardian, Donald could travel, form friendships, and receive the care he needed until his passing at age 68. This story highlights how guardianship can positively impact the lives of adults with special needs when handled with care and dedication.
Start Your Special Needs Guardianship Plan Now
Contact our law firm today if you need help with special needs planning or guardianship. Schedule a consultation to learn more about how we can assist you in creating a secure and caring future for your loved one. Let us guide you through the process and ensure your loved one receives the protection and support they deserve.
Key Takeaways
- Protects adults with special needs: Guardianship ensures those who can’t manage their own care and finances receive proper support.
- Court oversight: The court supervises the guardianship process to safeguard the individual’s best interests.
- Structured process: Establishing guardianship involves filing a petition, obtaining a physician’s report, and attending a court hearing.
- Contesting guardianship: Family members or the individual can challenge the guardianship if concerns arise.
- Expert guidance: Special needs attorneys provide essential support throughout the guardianship process, ensuring legal requirements are met and advocating for the individual’s well-being.
Proper estate planning can keep your family out of conflict, out of court, and out of the public eye. If you’re ready to create a comprehensive estate plan, contact us to schedule your Family Wealth Planning Session. Even if you already have a plan in place, we will review it and help you bring it up to date to avoid heartache for your family. Schedule online today.
References: Special Needs Answers (Nov. 30, 2023) “Legal Guardianship of an Adult: Becoming a Guardian” and PublicGuardian “Adult Guardianship Division Success Stories”