Guardianship for Disabled Young Adults

When adolescents reach 18, their parents no longer have the automatic legal authority to serve as caregivers. Suppose your young adult child has a disability that prevents them from taking care of themselves or their finances. In that case, the court could appoint a guardian to oversee their affairs.

There are two main types of legal guardianship:

1. Guardianship of the person refers to the authority to make legal decisions about the young adult’s care, such as their residential arrangements and medical care. Before the court appoints a guardian, a Superior Court judge must determine whether the individual is incapacitated.
2. Guardianship of property, if the disabled child has any assets in their name.

Guardianships may also differ in their scope:

• A general guardianship is necessary for individuals who cannot make any decisions independently.
• A limited guardianship is appropriate for disabled adults who can make some, but not all, of their decisions on their own. For example, a guardian could be appointed to handle a person’s finances and legal matters but allow the ward to make living arrangements and educational decisions independently.

An experienced guardianship lawyer can help you determine what type of guardianship may best suit your situation. For example, a power of attorney (POA) could be a better alternative for your family, and an experienced attorney can help draft those documents for you.

The Legal Process of Applying for Guardianship

While families can apply for a guardianship on their own, it’s a multi-step process that can be complicated. An attorney could complete the process for you.

If you choose to proceed on your own, here’s how to apply for guardianship of a disabled young adult :

• Complete a series of guardianship information forms. You will need to include information about why you believe the child is incapable of making decisions independently and why you should be appointed their guardian.
• Submit your completed documents along with the appropriate filing fees to the Superior Court in the county where your child lives.
• Wait for the court to appoint a lawyer for the child. The attorney will interview the child, determine whether they need a guardian, and decide whether you make a suitable guardian.
• Wait for a judge to determine whether to appoint you as guardian. You may be required to attend one or more court hearings.

Expenses and Timeframe of Applying for Guardianship

Many families are understandably concerned about the costs of applying for legal guardianship. The total cost of your application may vary based on multiple factors, including the complexity of your case, but some common costs include:

• Court fees – Typically range from $200 to $300
• Service fees – Costs of having police officers serve notices, which may range from $100 to $200
• Medical evaluations – Medical, psychiatric, or vocational evaluations may range from $500 to several thousand dollars.
• Attorney’s fees – These fees will vary depending on the attorney.

It can take anywhere from four to six months for the Bureauof Guardianship Services to process an application for guardianship. An attorney will work to submit forms accurately and promptly, which may help to expedite the process for you.