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Guardianship of an adult is when a judge chooses a person to take care of another person who is 18 years old or older who can't:
- Make basic life decisions, or
- Manage their own property or money.
There are 2 types of guardianship of adults:
- Guardianship of the person, which covers decisions about personal care like medical treatments and social services, and
- Guardianship of the estate, which covers finances and property.
A guardian can be in charge of the person, the estate, or both.
There are different reasons someone can need a guardian, including:
- Mental decline as a result of aging,
- Mental illness,
- Developmental disability that started as a child,
- Physical impairments, or
- Trouble controlling behavior that puts one's self and family at risk of harm.
To be a guardian, a person must:
- Be at least 18 years old,
- Be a U.S. resident,
- Be of sound mind, meaning logical or stable,
- Not be legally disabled (this does not include blindness--blindness does not disqualify a guardian), and
- Not have a felony conviction that involved harm or threat to a child, elderly person, or a person with a disability. If the person has another kind of felony conviction, the court will consider it on a case-by-case basis.
The judge needs to approve the guardian, and be sure the guardian will act in the person's best interests. Just because someone is a family member does not mean that a judge will approve them to be the guardian.
For more information on how to start a guardianship case with the court, please read Starting a case for guardianship of an adult. It can be helpful to find a lawyer to help you, especially if the adult or other people close to the adult disagree about the guardianship, or if there are complicated financial issues. A lawyer can also help you understand what you need to do if you are made the guardian, because guardians have ongoing responsibilities to provide updates and reports to the judge.
Legal Comment
Submitted by Pamela Lazar on Fri, 02/17/2023 - 15:16
Submitted by Teri Ross on Tue, 02/21/2023 - 12:33
Pamela, thank you for your question and I am sorry to hear about your father. Whether the POA is sufficient or not depends on what the POA says. A Power of Attorney can grant an agent very broad health-care decision-making power, or it can limit the power to specific medical circumstances. You'll need to review the POA document to see what kind of power it gives to your mom to act. The more limited the agent's power, the more likely an adult guardianship may be needed. Best of luck to you and your family -
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