When people hear the term legal guardianship, they assume that it is referring to the guardianship of children. This isn’t always the case. There are times when people who are adults also need to have a legal guardian take care of their affairs for them. The guardian of the person doesn’t have to be directly related to the individual. Typically, guardianship is granted to family members, though because they often have the best interest of the person at heart. Someone who doesn’t know the individual personally may not have the same interest in the overall well-being of the person as someone who is related to them would have. The following guide provides information about guardianship and what the different types of legal guardianship for adults are.
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Types of Guardianship
Temporary guardianship is appointed temporarily when someone cannot take care of their affairs for a short period of time. This is often appointed after an accident, injury or major surgery that leaves someone incapacitated temporarily. Once the person is able to make decisions on their own, the guardianship is lifted, and the temporary guardian no longer has a say over the decision the person makes.
Emergency Guardianship
Emergency guardianship can be granted for severely different reasons. There are times current guardians aren’t putting the persons best interests at heart or when an emergency situation arises, and the current guardian cannot provide the aid that someone needs. You have to apply for a petition of guardianship in order to be appointed as an emergency guardian. This requires you to be at least 18 years old and be able to show proof that you can take care of the person’s interests in the best manner possible. You may also be required to show proof that the current guardian is doing something that they shouldn’t be doing.
Legal Guardianship for Adults with Disabilities
Adults with mental or physical disabilities that make it difficult for them to take care of themselves often have a guardian appointed to them. Legal guardianship for adults with disabilities appoints a guardian who is responsible for making all major decisions for the person regarding their health and welfare to ensure they are safe and well taken care of at all times.
Limited guardianship is guardianship that is appointed by a count and provides someone with a specific amount of decision making over the person’s life. Someone cannot reach beyond the scope of the power that the court has provided to them or they could be held legally liable for anything that happens.
Finding A Family Attorney for Guardianship
When an adult cannot make decisions for themselves, they can be taken advantage of by others. Appointing a guardian of the person is the legal systems way of making sure that everyone is able to live the safest, happiest life that they possibly can. Getting appointed as a guardian for someone else takes time, so it’s best to get the ball rolling right away if you know that there is someone close to you who you want to be able to help with the decisions that are made regarding their health.
Resources:
https://www.mass.gov/guardianship-conservatorship-of-incapacitated-persons
https://www.in.gov/judiciary/iocs/3425.htm
https://odr.dc.gov/book/Path/legal-guardianship