Information on this page is for reference only. Parents and guardians should seek professional legal counsel when considering guardianship and alternative options.
Types of Guardianship
Knowing Your Options
There are many ways that parents and guardians can seek to establish legal protections for an individual with a disability. It is important to consider all of these options in order to find the best fit for the individual's specific needs:
Age of Majority
When an individual turns 18 years of age, he or she is legally identified as an adult. This is known as the Age of Majority. With this change comes the responsibility for making legal, financial, medical, and other important life decisions.
Some individuals with disabilities may not be prepared to make these decisions on their own at age 18. When this is the case, parents and guardians should decide ahead of time what kind of legal supports or protections will be necessary to protect the safety and rights of the individual. If legal protections are not in place the Transfer of Rights will occur when the individual turns 18 years old.
Legal guardian is appointed to manage all financial and personal affairs for an individual deemed incompetent by the court. It requires a legal hearing where evidence of incompetence is presented
Guardianship is the broadest form of legal protection; alternatives should be considered before pursuing this option. Guardianship may be limited to a specific area of decision-making
A conservator is appointed to manage only the financial affairs for an individual with a disability. It Requires a legal hearing where the need for a conservator is established.
Conservatorship is a good alternative to guardianship if the person only needs support with financial decisions. A Conservator takes responsibility for managing an individual's bills, debts, and assets
Allows a trustee to control specific assets on the behalf of an individual. No court intervention is needed. However, legal consultation is recommended when creating a trust.
Special Bank Accounts
Joint bank accounts can be created to provide assistance with financial decision-making. Withdrawal limits, automatic payments, and direct deposits can be easily arranged.
A person identified as a "representative payee" receives and manages specific deposits on the behalf of an individual. The individual continues to make all other financial and personal decisions
Health Care Proxy
A health care proxy is a legal document that allows an individual to give a specific person the power to make health care decisions for them. A health care proxy goes into effect when a doctor determines that the individual no longer has the capacity to make their own health care decisions
Power of Attorney
A Power of Attorney document allows an individual to share financial decisions with a specific person whom they delegate. No court intervention is needed.