Guardianships
Guardianships of Incapacitated Persons
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.
What is a Guardianship?
- A guardianship is a legal relationship between a competent adult (“Guardian”) and a person 18 years or older who, because of incapacity due to a disability or illness, is not able to make important life decisions.
- When a student turns 18 years old, he/she becomes legally responsible for their own decisions, including decisions about education, medical care, well-being, personal care, and living arrangements. Guardianships provide court-ordered authority to the Guardian to step in and make these important life decisions, ensuring that your adult child’s rights are protected despite their incapacity.
Will Your Child Need a Guardian?
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:
- A clinically diagnosed condition;
- that leaves him/her unable to make or communicate decisions affecting his/her physical health, safety, or self-care.
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.
Who Should be Appointed Guardian?
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.
