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Guardianship is a legal process in which a court appoints a person (the “guardian”) to make decisions on behalf of another person (the “ward”) who is deemed incapable of managing their own affairs. This incapacity can stem from various factors, including age, disability, or mental illness.
Key Aspects:
- Court Appointment: Guardianship is established through a court order.
- Decision-Making Authority: The guardian may have authority over the ward’s:
- Financial affairs (conservatorship)
- Personal care (guardianship of the person)
- Or both.
- Incapacity: The ward must be deemed legally incapacitated to warrant guardianship.
- Best Interests: The guardian has a legal duty to act in the ward’s best interests.
- Types of Guardianship:
- Guardianship of the Person: Handling personal care decisions.
- Guardianship of the Estate (Conservatorship): Managing financial matters.
- Limited Guardianship: Specific powers granted to the guardian.
- Plenary Guardianship: Full decision-making authority.
The Misconception: Guardianship is Only for “Helpless Old People” with No Family.
The Interesting Angle: Guardianship is Like “Having a Life Coach Assigned by a Judge” – It’s About Protecting Someone’s Rights, Even When They Can’t Protect Them Themselves, and It Can Happen at Any Age.
Here’s how we break it down:
- The Common Misunderstanding:
- People think guardianship is only for frail seniors or people abandoned by their families. They picture someone being locked away and losing all their rights.
- The Real Story: Having a Life Coach Assigned by a Judge
- Think of guardianship as having a “life coach” assigned by a judge. It’s about making sure someone’s rights are protected, even if they can’t make good choices.
- It’s not just about age; it’s about ability:
- Someone with a severe brain injury might need a guardian.
- Someone with a mental illness might need a guardian.
- Even a young adult with a developmental disability might need a guardian.
- The “life coach” (guardian) helps with:
- Making sure bills are paid.
- Making sure medical needs are met.
- Making sure the person is safe.
- It’s about having someone to look out for you, even if you can’t look out for yourself.
- It is about protecting rights, not taking them away.
- Why This is Powerful:
- It shows that guardianship is about protecting rights, not just taking them away.
- It helps people understand that it can happen at any age, not just old age.
- It shows that it is about protection, not isolation.
- The “Get it Wrong” Factor:
- People think it’s only for old people, but it can be for anyone who can’t make good decisions.
- They think it’s about taking away freedom, but it’s about protecting rights.
- They think it is only for people without family.
Resources for Guardianship:
- National Guardianship Association (NGA):
- The NGA provides resources, standards, and education on guardianship.
- They offer information on best practices and ethical considerations.
- Link: https://www.guardianship.org/
- American Bar Association (ABA):
- The ABA offers resources on legal topics, including guardianship.
- They can help you understand the legal aspects of guardianship and find qualified attorneys.
- Link: https://www.americanbar.org/groups/law_aging/
- National Disability Rights Network (NDRN):
- The NDRN advocates for the rights of people with disabilities, including those under guardianship.
- They provide information and resources on guardianship and alternatives.
- Link: https://www.ndrn.org/
- State Courts Websites:
- Each state’s court system has specific procedures and requirements for guardianship.
- State court websites provide information on guardianship laws and procedures in your jurisdiction.
- To find your state’s court website, search “[your state] court system.”
- National Resource Center for Supported Decision-Making:
- This organization promotes alternatives to guardianship, and provides information about supported decision making.
- They offer resources about less restrictive options than full guardianship.
- Link: https://supporteddecisionmaking.org/