What is guardianship?
Guardianship is a legal process utilized when a person is unable to make safe decisions about himself and/or subject to exploitation or influence. Considering guardianship is a legal matter that should be carefully considered from all perspectives.
Does my loved one need a guardian?
Each family situation is unique, and guardianship is not one-size-fits-all. Some considerations for guardianship should include:
What does a guardian do?
A guardian performs a number of functions for individuals who have been deemed incapacitated through the circuit court. Some functions include, but are not limited to:
What are the types of guardianship?
This is the most restrictive of all forms of guardianship. Full guardianship is a collection of all the responsibilities and involves controlling every aspect of the person's life. This type of guardianship is useful for individuals with a disability so severe that they are not capable of making any type informed decisions.
This is the "middle ground" of guardianship. This type of guardianship gives the guardian limited responsibility over certain aspects of the person's life rather than giving virtually complete responsibility over the person's major life decisions. These responsibilities often include the right to enter into a financial contract, choose educational option, receive medical care, enter into martial relationships.
Are there less restrictive options than guardianship?
Yes! There are many options, including:
I've considered all of the options and feel I should move forward with obtaining guardianship. What is the process?
This is intended for informational purposes only and is legal advice. Consult an attorney for more information and guidance regarding the guardianship process.
Understanding supported decision-making
Filing for guardianship