Ensuring Care and Protection for the Vulnerable
Guardianship is when a court appoints someone to care for someone else. This can happen when there is a minor child that needs an adult to care for them. Comparatively, it can be necessary when someone has reached adulthood, but has a physical or mental impairment that necessitates someone else to care for them. Accordingly, there are two types of guardianship: guardian of the person and guardian of the estate.
Why is Guardianship needed?
Often, a parent will need to get guardianship of their child with special needs when that child becomes a legal adult. This occurs even when nothing else has changed with regard to the relationship between the parent and the child. Planning ahead and getting the paperwork on file in advance of the child’s 18th birthday ensures continuity of care between the parent and child. Also, guardianship may be required when an aging parent or spouse develops dementia and is no longer capable of handling their own financial or personal affairs.
Guardianship FAQs
If your child is going to require your assistance with medical and/or financial decisions after turning 18, you will need to be appointed as the Guardian of their Person and/or Estate to be able to effectively assist them. This process should be started before the child’s 18th birthday for a smooth transition.
Guardianship requires that the person requiring guardianship (the “ward”) be deemed incapable of handling their own financial or medical needs. Taking away someone’s ability to make their own decisions isn’t something that is taken lightly. Therefore, a doctor’s determination of that person’s abilities is required to help the Court understand their abilities and needs.
You will need to keep detailed records of any financial transactions you make on behalf of the Ward and be prepared to report to the Court periodically regarding those transactions. You will also have to provide the Court with updates regarding the ward’s medical status.