Do I Need A Guardianship?: Children, Disabilities, and Elder Care

If you’re caring for a minor who is not your biological child, an older incapacitated adult, or your child with disabilities who is turning eighteen (18) years old who is unable to care for his or her financial and personal affairs, a guardianship may be just what you need to provide continuing care for the person and their finances moving forward.  Any incapacitated individual can benefit from the care of a guardian, regardless of whether the incapacity is because a child is less than eighteen (18) years old or an individual has a physical or mental disability that keeps them from being able to provide their own care or make competent, reasoned financial decisions. 

Plan Ahead

For a child who is not your own or a child with a disability who is turning eighteen (18) year old, it is best to file for a guardianship as quickly as possible.  If you need to enroll the child in school or child care, take the child to the doctor, add the child to your health insurance plan, or help a child enroll in public benefits, you will need to show that you are the guardian of the child before many care providers will discuss the child’s care and circumstances with you. 

For older adults who can no longer care for themselves or who do not have the capacity to care for their financial affairs, a guardianship is needed to gain information about the adult’s medical care needs, communicate with retirement companies or the government about the adult’s benefits, or enroll the adult in home health care or an assisted living facility if the adult cannot make this decision on their own.

Who Can Be A Guardian?

Any adult who has the ability to provide the required care and who does not have a felony conviction can file a Petition to become the guardian of an incapacitated child or adult.  If more than one person files for a guardianship over the same person, the Court will decide which person should become guardian based on what is in the best interest of the incapacitated child or adult. 

There are many situations that can benefit from the use of a guardianship to provide care and protection for an incapacitated person while encouraging the individual to exercise and grow in independence and autonomy.  

I have the experience, understanding, and compassion to assist with your guardianship needs for both adults and children.  If you have questions or concerns regarding guardianships, estate planning, or any other family law concerns, I would love to speak with you.

This blog does not constitute legal advice nor does it establish an attorney client relationship.  This is for general information purposes as in most legal situations the facts and terms of an agreement between the parties can affect the results.