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Guardianship

Guardianship refers to a legal arrangement in which someone is granted the legal authority and responsibility to make decisions and act on behalf of another person; this type arrangement may arise when the person is unable to make decisions or take care of their own personal or financial affairs due to factors such as age, incapacity, or disability.

A guardian is appointed by a court and is entrusted with the duty to protect and care for the well-being and interests of the person. The specific powers and responsibilities of a guardian can vary depending on the jurisdiction and the circumstances of the case. In general, the guardian may make decisions regarding a person's medical treatment, education, living arrangements, and financial matters.

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The main objective of guardianship is to ensure that the person's best interests are safeguarded and that they receive proper care and support.

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Intellectual

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Mental Disability

A family may opt for guardianship because of:

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Developmental

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Physical

  • Deal directly with:

    • medical providers

    • banks

    • credit card companies

    • public benefits

    • housing programs

    • all others on the person's behalf

    An important tool that can help ensure that their family member with special needs is protected now, and after they are gone

  • Once recognized, guardianship can be exceedingly difficult to undo

    When the parent or other guardian passes, the court will appoint a new guardian; it may not be a relative who you would choose

    Your adult child will not be in charge making their own decisions

    Administrative aspects of guardianship can be cumbersome and costly

    Appointed guardians need to make regular reports to the court

    Your adult child may not want or need a guardian

    **It's important to note that these downsides may vary depending on the specific circumstances and the effectiveness of the guardianship system in different jurisdictions.

Parents should understand that if an adult is capable of making some decisions regarding their welfare, then there are other, less restrictive alternatives to guardianship.

Alternatives