A Layman’s Guide to Legal Guardianship for Adults

Care for those who care for you.

Many people are familiar with the guardianship of children. American families adopt 140,000 children every year.

But legal guardianship for adults is less well-known. What is known about it falls into misconceptions. Some people believe guardianship leads to an adult having no freedom.

That’s not true. Understand the facts and you can empower yourself to care for adults of all backgrounds. Here is a quick guide.

The Basics of Legal Guardianship for Adults

Legal guardianship for adults allows someone to manage a person’s personal and medical care. A court appoints the guardian. Any decision they make has the court’s legal backing.

The guardian has virtually the same powers as the parent of a child. The guardian can decide how the adult spends money, where the adult lives, or what they participate in.

Guardianship also allows for the drafting of legal documents. If someone doesn’t have a medical directive, a guardian can draft that document for them. Guardianship unburdens people with disabilities, allowing them to live their lives without worry.

The individual can talk to their guardian, and the guardian can heed their advice. But they cannot spend money or decide where to live on their own initiative.

This makes guardianship a serious and long-lasting responsibility. Courts recommend other approaches before defining a guardian.

The guardian has no responsibility to provide money for the person in their care. They may use money that the individual has. The guardian can also use money from the individual’s family.

A person can receive a guardian when they struggle to care for themselves. The person may have disabilities, or they may suffer from Alzheimer’s disease. An adult of any age or background can receive a guardian, but most adults are in advanced age.

Guardianship and Conservatorship

Legal guardianship is similar to conservatorship. But the two legal processes have differences. Conservatorship involves control of financial assets, with less say in medical and personal affairs.

A guardian of an adult does play a role in the adult’s finances. They can help determine how to pay bills and fulfill job duties. But conservatorship grants the conservator with more financial oversight.

Courts may appoint a guardian of the person, who has responsibilities related to an individual’s medical care. They can then appoint a guardian of the estate, who makes financial decisions. A court can appoint the same person to perform both jobs.

Types of Legal Guardianship

The court can assign full guardianship or limited guardianship. In full guardianship, the guardian can control all areas of a person’s life.

In a limited guardianship, the guardian has control in certain areas. The court will define which areas the guardian maintains control. They may be able to make health decisions, but no financial ones.

The court can assign joint guardians. Two or more people make decisions for a person’s well-being. The court may define each guardian with certain responsibilities, or the guardians may have to make decisions together.

Alternatives to Guardianship

Besides conservatorship, there are several other alternatives to guardianship. When considering care for your loved one, think about all of these alternatives before making a decision.

Power of attorney is a legal process that allows an agent to act for another person. Power of attorney usually comes when a person is incapacitated through illness or disability.

The responsibilities of the agent vary, but most duties are short-term. An agent can make specific healthcare or financial decisions. Most powers of attorney end when the incapacitated person dies, making it best for decision-making while a person is dying.

A living will lets a person state their wishes for their end-of-life. A person drafts a living will before they become incapacitated. The will can state a person’s intent for organ donation, resuscitation, and dialysis.

Community services can provide for your loved ones while allowing them to make decisions. Meals on Wheels provides food to people who can’t prepare their own meals.

An Area Agency on Aging is a non-profit agency that addresses the needs of older people. Contact agencies in your area and ask them about what services they provide.

If you need legal advice, call elder law or disability law attorneys. They can tell you about what your legal options are besides guardianship.

Applying for Legal Guardianship

If you decide guardianship is your best option, you can proceed to court. Consider the options you have for a guardian.

A guardian must be at least 18 years old. They must be a resident of the United States. They cannot have a mental illness, disability, or criminal history.

A public agency can serve as a guardian. A corporation that can execute trusts can serve as guardian of the estate.

It may be difficult to decide which person should be a guardian. Most guardians are family members or friends of the individual. Take time picking the right person.

The selected guardian files a petition of guardianship. They must serve this petition to the sheriff of the county. They then must notify the individual’s relatives that the petition has been filed.

A judge reviews the petition and talks to the individual themselves. They will ask the person if they understand the proceedings and if they want a guardian. A judge may appoint a lawyer to represent the person during their proceedings.

A person can object to guardianship. They can request a jury to review evidence, and they can submit evidence of their own.

If a judge determines that a person needs a guardian, the person receives one. Otherwise, the petition fails. Other options can be pursued, including power of attorney.

Protect Your Loved Ones

Legal guardianship for adults is a serious responsibility. But it may be essential.

A guardian can make health and personal decisions for someone who can’t. It is different from conservatorship, which involves financial decision-making. A court can appoint a total or partial guardian, or it can appoint multiple guardians for one person.

There are several alternatives to guardianship, including power of attorney. Consider each of them before pursuing guardianship. Prepare legal guardianship forms for adults and file them with the court.

Protect your loved ones by understanding the facts. Follow our coverage for important legal guides.