Adult Guardianship

Guardianship over an adult may be necessary when we need to support a loved one in managing their finances or healthcare needs. If the loved one has previously executed a Power of Attorney, that may be enough to provide the necessary support; but, if there’s not a Power of Attorney— or if more support is needed— it’s time to consider a Guardianship.

Generally, the function of an adult Guardianship is to take the legal authority away from the loved one and give it to the person who will serve as Guardian. It may be a necessary step to give all of the loved ones legal authority to the Guardian— for example, when a loved one is in a coma or has dementia— but a Guardianship may also be limited and only take away (or share) certain parts of the loved one’s legal authority. A Guardianship may be temporary— lasting only until the issue creating incapacity is resolved— or the Guardianship may be long term. Either way, the Guardian must complete and file an Annual Report for every year the Guardianship is in place.

While a family can sometimes anticipate the need for a Guardianship— like when a child with a special need is about to turn 18— sometimes we can’t, and that is when we need a Guardianship right away. Assuming all of the paperwork is in place, a non-emergency Guardianship can usually be in place within about 45 days of filing the Petition; an Emergency Guardianship can be put in place much more quickly— usually within days (maybe even the same day) of the filing of the Petition.

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