Guardianship of a disabled adult refers to a legal relationship established by a court in which a guardian is appointed to manage the personal or financial affairs of an individual deemed unable to do so due to a disability.
The guardian’s responsibilities range from handling everyday activities, like medical decisions and living arrangements, to managing the ward’s financial assets. To retain guardianship of a disabled adult, you must ensure their safety, well-being, and proper management of their personal and financial affairs.
Who Can Be Appointed as a Guardian?
Family members, friends, or other concerned parties can be appointed as a guardian for a disabled adult. It is important that the appointed guardian demonstrates a genuine interest in the disabled individual’s well-being and is capable of managing the required duties.
In some instances, a professional guardian may be appointed if no suitable person is available from the individual’s immediate circle.
How Is Guardianship Established?
Establishing guardianship involves a legal process where a petition is filed in court. This petition must include evidence demonstrating that the adult is unable to manage their own affairs due to a disability. Medical documentation, personal testimonies, and other relevant information are typically required to support the petition. A court hearing will be scheduled where all evidence will be reviewed; if the court finds the evidence sufficient, guardianship will be granted.
What Are the Duties of a Guardian?
The duties of a guardian vary based on the needs of the disabled adult. Common responsibilities include:
- Making medical decisions
- Managing daily living arrangements
- Handling financial affairs
- Ensuring the safety and well-being of the disabled adult
- Overseeing educational and vocational training
Guardians must act in the best interests of the ward and may be required to provide regular reports to the court on the ward’s status and the guardianship activities.
What Are the Rights of the Disabled Adult?
A disabled adult under guardianship retains certain rights, including the right to be treated with respect and dignity. They have the right to be informed about decisions being made on their behalf and, where possible, to participate in those decisions. The disabled individual also has the right to petition the court to modify or terminate the guardianship if circumstances change.
Can Guardianship Be Contested?
If an individual believes that a guardianship is not necessary or that the appointed guardian is not acting in the best interests of the disabled adult, they can file a petition with the court to challenge the guardianship. That can lead to a court hearing where evidence will be presented, and the court will decide whether to retain, modify, or terminate the guardianship.
How Can Guardianship Be Retained?
To retain guardianship, the guardian must continue to fulfill their duties responsibly and in the best interests of the disabled adult. Guardians are often required to submit regular reports to the court detailing the well-being and activities of the ward. Failure to adequately perform these duties or any evidence of neglect or abuse can result in the court revoking the guardianship.
What Are the Legal Responsibilities of a Guardian?
Guardians are legally responsible for making decisions that affect the ward’s health, safety, and welfare. They must manage the ward’s finances prudently and avoid conflicts of interest. Legal responsibilities also include adhering to all court orders and ensuring that the ward’s living conditions are safe and conducive to their well-being. Mismanagement or failure to act in the ward’s best interests can lead to legal consequences.
A Skilled West Chester Wills and Estates Lawyer at Eckell Sparks Can Help You Handle Guardianship With Confidence
A skilled West Chester wills and estates lawyer at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. can support your guardianship needs. For more information, call our Media and West Chester, Pennsylvania, offices at 610-565-3701 or complete our online form. We serve families throughout Delaware County, Chester County, and Montgomery County.