A child with disabilities may struggle to care for themselves once they become an adult. Adults with disabilities may not know how to make crucial decisions for themselves, especially when it comes to medical and financial matters.
A guardian can be appointed to make decisions on behalf of an adult with disabilities, also called the ward. The guardian is responsible for the ward and must act in their best interests. This is often crucial for individuals whose physical or mental impairments prevent them from acting in their own best interests.
Loved ones can apply for guardianship of an adult with disabilities to help ensure their needs are met and their rights are protected. However, the filing process can seem daunting for those who have never filed for guardianship before. To protect the rights of an adult with disabilities, loved ones may need to learn about the guardianship filing process. Here is what you should know:
Determining the need for guardianship
Before filing for guardianship, it is important to consider whether guardianship is necessary to meet the needs of an adult with disabilities. If there is evidence that an adult with disabilities would only need a power of attorney or healthcare proxy, for example, a court may not establish guardianship, which could seriously impact the life of an individual.
Filing a petition
A petition can be made with a local court to apply for guardianship. The petition can include information about the proposed ward’s condition, the reason for guardianship and the qualifications of the proposed guardian. Additional fees may be required to file the petition.
Gathering supporting evidence
It is important to have supporting evidence showing that an adult has a disability that impairs their ability to care for themself. Medical and psychiatric assessments can show that an adult has physical or psychological disabilities that restrict their ability to care for their needs. The court may use these documents to determine the type of guardianship a ward would require.
Court examination and hearing
Once the petition is complete and any additional evidence is submitted, a court will examine the paperwork. The court will hold a hearing and decide whether guardianship of an adult with disabilities is in their best interests. If the petition is successful, a guardian will be appointed for the adult with disabilities.
Legal guidance may be necessary to help navigate the process of guardianship of an adult with disabilities.