Guardianship is a legal process where a person is given complete authority to make decisions on behalf of another. There are different types and levels of guardianship, but for adults with disabilities, it is one way to manage their finances and other important decisions. A guardian is a legal person appointed by and for another person. However, if the person is a disabled adult and cannot appoint or choose for themselves, then a court will designate guardianship to the right person. For example, a special needs guardianship works for physically and mentally disabled people and helps protect their self-interests. Have a look at the following to understand how a guardianship system works.
For any disabled person, managing finances is a top priority, but they find it hard to do so due to their inabilities. A guardian is responsible for making sound financial decisions for their ward and helps them manage their finances. They can also make investments on their behalf, pay the bills, cover medical bills and much more. Managing finance is one of the primary reasons guardianship is necessary for disabled adults.
Selecting a guardian is a sensitive process, as the life of a disabled person depends on them. Although different states have varying rules for guardianship, there are some basic rules that each state follows. The guardian must be 18 years or above and should not have any criminal or felony charges against them. If the ward has not appointed a power of attorney, the court will decide on the appropriate one. Usually, the spouse, siblings or children are given guardianship in the absence of durable power of attorney. If the person has no relations, the courts will assign a guardian after satisfying all the conditions.
3. Education and Medical
Guardianship helps with the education and medical of their wards as well. If the ward cannot pursue their education, a guardian has to make the necessary arrangements. Although there are schools for the mentally and physically disabled, selecting the right one is the duty of a guardian.
Similarly, giving proper medical attention to the ward is also one of the core responsibilities of a guardian. Maintaining medical records, taking them to the doctor, taking care of medication, physiotherapies, and everything else related to medical are their responsibilities.
4. Updating the Courts
A guardian has to update the courts regularly on the condition and progress of their ward. This is a legal requirement; therefore, any delays or misinformation by a guardian in this regard can result in dismissal. Furthermore, updating the courts is the only way for the legal system to judge whether guardianship is beneficial for the ward or not.
Although guardians are given the complete authority of the ward, there are certain things that a guardian cannot do without court approval. This includes moving or placing the ward in another medical facility or home, self-medication, making risky financial decisions and isolating the disabled person.
Guardianship is a chance for disabled adults to lead everyday life without complications. If possible, it is suggested to nominate one when one is healthy and designate a power of attorney to a trusted person.