Cartwright Law, P.C.

Attorneys at law

Guardianship is an option for persons who lack sufficient understanding or capacity to make or communicate responsible decisions concerning their care, and/or are unable to manage their financial affairs. There are two types of Guardianships:

Guardianship for your Minor Child
Your minor child needs a guardian if you and your spouse should prematurely die. A guardian is a person who will be responsible for raising your child and spending the income and principle from your child’s estate on his/her behalf. Unless you name a guardian, a court will determine who will serve as guardian of your minor child. You have no control over the matter. All this can be avoided by having a “Will” that names a guardian and successor guardians.

Guardianship for your Adult Child at Age 18
Becoming your child’s guardian at age 18 allows you to continue to make personal and financial decisions on behalf of your child. If you do not become your child’s legal guardian, you will no longer have the legal authority to make these important decisions. For example, if your child enters a hospital after they turn 18, and medical decisions need to be made, the child’s doctor will ask you to show guardianship papers before treating your child. The law presumes your child is capable even if they are not. Obtaining guardianship must be done through filing a petition with your local court seeking the appointment.

Guardianship of a Disabled Adult

You can apply to get guardianship of an individual over the age of 18 if the person has a disability. A "disabled person" is someone who cannot make basic life decisions or manage their own property (or money). Disabilities can include:

Mental decline as a result of aging
Mental illness
Developmental disability that started as a child
Physical impairments
Trouble controlling behavior than puts one's self and family at risk of harm

Guardianship