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How can concerned parties secure adult guardianship?

On Behalf of | Feb 2, 2025 | Guardianships

Adults are generally responsible for their own lives. They need to ensure that they have food and shelter. They need to pay their own bills and make decisions about their medical care. Most people gradually adjust to adult responsibilities and can even take care of children eventually.

However, some adults have a harder time with those tasks than others. Health issues ranging from age-related dementia to acquired brain injuries can diminish an individual’s ability to manage their own affairs. They may struggle to pay their bills or maintain a private residence.

In some cases, other concerned adults may need to provide support for those with debilitating medical conditions. One of the ways people can offer support is through guardianship. Through the guardianship process, one adult takes responsibility for another’s finances, daily life and medical care. How do those who believe that an individual cannot meet their own needs pursue guardianship over that individual?

Guardianship requires court approval

One person cannot unilaterally declare that another lacks the capacity to manage their own affairs. The courts generally need to review and approve guardianship requests. People ranging from direct family members to neighbors and professional caregivers can ask the courts to appoint them as guardians of those struggling to manage their own lives.

Generally speaking, those requesting the authority and responsibility that comes with guardianship must have compelling evidence showing that the vulnerable adult struggles to act in their own best interests. Medical records, including diagnostic and treatment records, can help support claims that individuals require outside support.

Financial records can potentially show that an individual has fallen victim to manipulation or fraud. An inability to pay their bills on time could also raise questions about their ability to continue living fully independently. Even testimony from concerned individuals can convince the courts that guardianship may be necessary for the protection of a particular individual.

Those pursuing guardianship generally need to gather evidence and then present that documentation to the courts at a hearing where the prospective ward can speak in their own defense or present evidence of their own. Provided that the courts agree that an individual is not in a position to consistently manage their own affairs, they may approve the guardianship request and grant an outside party control over an individual’s daily life or finances.

Evaluating if a situation might make adult guardianship necessary can help people determine if they have enough evidence to take their matter to court. Those who speak up sooner rather than later can help protect their loved ones from financial hardship or preventable medical emergencies.

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