Legal Guardianship of an Adult: Rights and Responsibilities
Once a person becomes a guardian, they should be aware of their responsibilities. Since the ward loses significant rights, gu...
Read moreGuardianship can be a critical component of special needs planning, as individuals with severe disabilities who cannot manage personal and financial affairs may need guardians upon turning 18.
When children with significant cognitive or developmental disabilities become legal adults, their caregivers may lose the lawful ability to help with personal, health, and financial decisions unless they secure a guardianship.
Although guardianship can benefit adults with special needs, courts may restrict the rights of the ward — the person subject to guardianship. Wards may lose the right to:
Guardians should exert the least amount of control necessary, while wards should have as much input as possible in making decisions. The appropriate amount of independence depends on the severity of the ward’s cognitive impairment and level of decision-making ability.
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The choices a guardian makes should promote their ward’s health, safety, well-being, and independence and act in their ward’s best interests. However, some guardians unnecessarily restrict their wards’ freedoms, reducing their quality of life.
Even under a guardianship, wards retain many fundamental freedoms. Caregivers and advocates of people subject to guardianship should know these rights so that they can prevent guardians’ control from becoming overly restrictive.
State laws govern guardianships, and numerous states have passed legislation to safeguard the rights of wards. The American Bar Association reported that, since 2015, 18 states have enacted laws protecting wards’ rights, while other states have strengthened their laws. Many states have passed versions of a Guardianship or Ward’s Bill of Rights, with rights including:
Abuse by a guardian is illegal. Family, friends, and concerned individuals should know the signs of abuse and take action if they suspect a guardian is not acting appropriately. Signs of possible abuse by a guardian include:
Preventing the ward from seeing others
If you have such concerns, contact your local Adult Protective Services and ask the court to remove the guardian. For further support, find a qualified special needs planner in your area.
Once a person becomes a guardian, they should be aware of their responsibilities. Since the ward loses significant rights, gu...
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