How Can I Become a Legal Guardian for My Disabled Daughter?

Becoming the legal guardian of an adult child with disabilities is a significant step that allows you to continue making medical, financial, and personal decisions for them once they turn 18. In the eyes of the law, every individual legally becomes an adult at 18, regardless of their disability, unless a court intervenes.

Here is a step-by-step guide to navigating the guardianship process.

1. Determine the Type of Guardianship Needed

Guardianship is not one size fits all. Courts generally prefer the least restrictive alternative to protect the individual’s civil liberties.

• Guardian of the person: You make decisions regarding daily living, medical care, and housing.
• Guardian of the estate (property): You manage their finances, government benefits, and assets.
• Limited guardianship: The court grants you power only over specific areas (e.g., medical decisions) while the daughter retains rights in others.
• Alternatives: If your daughter can understand and sign documents, a power of attorney or supported decision-making agreement might be faster and less expensive than a full guardianship.

2. Obtain Medical Documentation

The court requires proof that guardianship is necessary. You will need a formal evaluation from a licensed physician, psychologist, or psychiatrist.

The doctor must typically certify:

• the nature of the disability
• how the disability prevents the individual from making informed decisions
• whether the condition is permanent or temporary

3. File a Petition With the Court

You must file a legal petition in the probate court (sometimes called surrogate or chancery Court) in the county where your daughter lives.

What’s in the Petition?

• Information about you (the petitioner) and your daughter (the respondent)
• Reasons why guardianship is necessary
• A list of interested parties (usually close relatives) who must be notified of the proceedings.

4. The Role of the Guardian ad Litem

Once you file, the court will likely appoint an independent person called a guardian ad litem (GAL). Their job is to:

1. visit your daughter
2. explain her rights to her
3. investigate whether guardianship is truly in her best interest
4. write a report for the judge

5. Attend the Court Hearing

A judge will hold a hearing to review the evidence. Your daughter usually has a right to be present and represented by an attorney (either one she hires or one the court appoints).

If the judge agrees that she lacks the capacity to manage her affairs, they will sign an order appointing guardian and issue letters of office (the official documents you’ll show to doctors and banks).

Important Considerations

Because laws vary significantly by state, it is highly recommended to consult with a special needs planning attorney in your area to ensure all local requirements are met.