Guardianship

Guardianship is a legal process whereby someone is given the authority by the court to make decisions regarding major life decisions such as medical care, living arrangements, and sometimes financial management and act on behalf of a person who lacks the ability to comprehend and do those things for him/herself. The process is designed to protect an individual who cannot make decisions for himself/herself from being exploited, abused or neglected.

No. Just because a person is mentally or physically disabled does not mean that he/she must have a guardian. A good question to ask is -- can he/she manage his/her personal affairs by making decisions regarding money, understand and sign consents for medical treatment or medications, etc.

Only a judge can appoint a guardian.

Guardians make significant decisions for the individual, called a "ward" by the court. The decisions could include medical consents and consents for medical procedures. The guardian provides necessary legal consent for psychotropic medications, special programs, athletic events (Special Olympics), participation in educational and financial decisions and access to confidential records and reports. The guardian also has authority to speak for their ward in selecting appropriate living arrangements. Essentially, the guardian does the same sorts of things that a parent does for a child. A guardian is expected to visit and call to check on their ward and his/her care frequently. The guardian is required to renew their "Letters of Guardianship"; annually, by turning in a report to the court describing how their ward did during the previous year.

Yes. A "guardian of the person" gives the guardian authority to make decisions about the ward's personal affairs. If the ward owns property or inherits property or an estate, the ward would also need a "guardian of the estate". In most cases only a guardian of the person is needed.

Yes. The guardian cannot vote for the individual, cannot consent to sterilization, cannot voluntarily admit the ward for long term care nor interfere with marriage decisions.

No, you are only responsible for making appropriate decisions for your ward as needed.

You may work through an attorney and make a request in the form of a petition (application) for your appointment to an appropriate Judge. The petition or application must include documentation of a thorough examination performed by a physician or psychologist that explains why the individual in incapacitated. Also the application should be filed in the county of residence of the individual who needs the guardian.

The cost can vary depending on the circumstance such as if there is an estate.

If you do not have the money to pay the cost in full, ask the attorney if you can pay out the cost on a payment plan. Trust fund money can be used to defray the expense of seeking and maintaining guardianship.