Obtaining guardianship of your adult child can be an overwhelming and time-consuming process. Having an experienced attorney guide you through the process and represent you in court can alleviate that burden and ensure that your child’s rights are protected.
Deciding whether your adult child – or soon-to-be adult child – needs a guardian can be difficult. In order for a guardianship to be granted, a judge must have sufficient evidence that your child is ‘incapacitated.’ In Massachusetts, ‘incapacitated’ means that your child must have:
If a guardian is appointed, the individual under guardianship loses a significant amount of independence. Limited guardianships can be sought where an individual can make independent decisions in some areas but needs assistance making decisions in other areas.
Because the guardian will have the authority to make personal decisions on your child’s behalf, it is important to decide who would best serve as your child’s guardian. A guardian can be a parent, relative or other trusted individual.
If you have questions about the guardianship process, or are seeking assistance obtaining a guardianship for your child, Sankey, Meinelt & Fisher, LLP can answer your questions and help you through this process.