Guardianship for a younger adult
If you have a child with a developmental disability, such as autism or downs syndrome or some other form of intellectual disability, you may need to obtain guardianship once your child turns 18. Everyone is presumed competent, so regardless of the severity of the disability, once your child turns 18, you no longer have the legal authority to act as their “natural” guardian. In cases where your child is not competent to sign a Power of Attorney or Living Will, you will need to file to become his or her guardian in order to have access to their medical and financial records and to make medical and financial decisions for them.
In some cases, a limited guardian may be adequate, which respects the fact that in some decision making areas, your child is capable of making certain decisions for themselves. This is especially important for a young person who may, over time, develop better life skills as they mature and are exposed to real life situations.
Guardianship for an older adult
As we age, some of us develop a condition known generally as dementia that negatively impacts our ability to manage our own affairs. Most times, dementia is associated with Alzheimer's disease, but it can also be caused by a sudden debilitating event such as a stroke or traumatic brain injury. Dementia usually impacts our short term memory and causes us to lose executory functionality. For instance, we no longer know how to pay our bills or write a check, or we cannot retain information that was just given to us, or we become overly frustrated trying to accomplish tasks we previously had no trouble doing.
Caring for someone with dementia and watching them become more dependent on others can be extremely emotionally challenging. However, apart from the emotional stress, there are the practical issues relating to how that person's financial, medical and legal affairs will be managed and the mechanism for doing so. When this happens, the only alternative you may have is to petition the court to become that person's guardian.
A guardianship may also be necessary in situations where the person has a developmental disability (and presumably was never competent) or where they have a serious mental illness or drug addiction that renders them unable and unfit to manage their own affairs.
Guardianship is a complex area of law that is constantly changing. It's wise to retain an attorney with knowledge and experience in this area of law to help achieve the best results for you and your family.
Handling Guardianship cases for Over 30 Years
As the former General Counsel to the New Jersey Office of the Public Guardian for Elderly Adults, I have been involved in hundreds of guardianship cases for over the past 30 years. Your case will not be our first, yet we will handle your matter with the sensitivity and understanding that all guardianship cases require.
So if a loved one you are caring for needs help managing their affairs or is vulnerable and at risk for being exploited – call us...we can help!