Guardianship of a Disabled Adult

Are you thinking of seeking guardianship over your disabled adult child and/or their property? One can seek guardianship over the person and/or the property. It is common to do both. In order to seek guardianship, one needs to be an interested person under the law. An interested person can be a parent, sibling, half sibling, grandparent or aunt/uncle.

In order to file a petition for guardianship, one needs two letters, one from a doctor certifying that the disabled person can benefit from a guardian and another letter from either a doctor, clinical social worker, or psychologist stating the same. In order for a court to approve the guardianship petition, there must be no other less restrictive alternative. The petition should be filed in the circuit court in the county in which the disabled person resides.

After the petition is filed, the court will appoint an attorney to represent the disabled person's best interest. The attorney will find out what the disabled person wants and will use their own judgement to advocate for the disabled person.

When in court, there will be a review of the testimony and the evidence regarding whether a person is, in fact, disabled, and if so, the court will determine who should be the guardian. A guardian of the person shall be appointed if the court determines from clear and convincing evidence that an alleged disabled person “lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person, including provisions for health care, food, clothing, or shelter, because of any mental disability, disease, habitual drunkenness, or addiction to drugs, and that no less restrictive form of intervention is available which is consistent with the person’s welfare and safety.” The Petitioner has the burden to prove incapacity.

If this burden is met, the court will issue an appropriate court order appointing a person to serve as the guardian of the disabled person on behalf of the court.

Once a year, the appointed guardian needs to file documentation with the court in order to update the court on the status of the guardianship of the disabled person and/or their property.

If you have a disabled child and would like to seek guardianship of that individual, call The Law Office of Adina S. Katz at 240-606-4591. Seeking guardianship is not something that can be easily done without an attorney.

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