Most people have full control over their daily lives and resources once they turn 18. Adults have an obligation to provide for themselves and often take pride in living an independent lifestyle. Unfortunately, not all people who are legally adults can maintain that independence for their entire lives.
Some people have long-term disabilities that prevent them from ever living independently. Others acquire disabling medical conditions due to severe illness, congenital conditions that manifest later in life and injuries. Many people also eventually become dependent on others due to the effects of advanced age.
Guardianship allows other adults to assume legal responsibility for someone who cannot act in their own best interests. A guardian can manage the daily needs of a vulnerable adult and oversee their financial matters as well. Who may be eligible to obtain a guardianship over a vulnerable adult?
Parents of those with long-term disabilities
Many times, guardianship begins as soon as a young adult becomes a legal adult. Their parents take preemptive steps to secure permanent guardianship because of their disabling medical conditions. Those with severe medical challenges often cannot move out and live independently upon attaining adulthood. Their parents may serve as guardians until they become too old to handle that responsibility or experience medical decline themselves.
Concerned loved ones
Family members ranging from adult siblings to children of those who are struggling due to advanced age can pursue guardianship by taking the matter to court. Friends and others who care about a vulnerable person can also go to court in the hopes of protecting them. Typically, the people seeking guardianship only need to be 18 years of age and capable of managing the responsibilities that come with guardianship. The courts may look at someone’s criminal record and financial circumstances to ensure they are in a position to assume the fiduciary duty that comes with guardianship.
Professional caregivers and facilities
Some people do not have any family members willing or able to serve as guardians. In such scenarios, professionals may step up to seek guardianship. Nursing home facilities and professional caregivers sometimes go to court seeking guardianship for the protection of vulnerable individuals.
Guardians can help protect people by ensuring that their basic needs are met and that they don’t run out of assets. Learning more about the rules for adult guardianship can help people evaluate whether pursuing one might be in the best interests of someone they know.