X
Español | Français | Português
Call us today: UT: 801-884-3775   TX: 469-552-5992

Guardianship 

It isn’t uncommon for cognitively disabled adults to have a guardian who’s able to make decisions based upon the disabled adult’s best interests. A person who’s named a guardian may make decisions regarding medical care, financial affairs, living arrangements, and more. Generally speaking, the guardianship you’d have over a child is not substantially different from the guardianship you’d have over a cognitively disabled adult. Typically, an adult who is physically disabled, but mentally capable of managing their finances, medical care, and personal affairs, would not need a guardianship. Guardianships are generally reserved for those who are mentally incapacitated via developmental delays, mental illness, or physical sickness, and those who have not reached the age of majority. If a person is placed under a guardianship due to a temporary condition such as mental illness, physical illness, or being under the age of majority, the guardianship may dissolve once those conditions are resolved. 

Ward of the State 

When a person is considered to be a ward of the state, it means that they are under the protection of the state. Children who are in foster care, for example, are generally considered to be wards of the state. As an adult, being a ward of the state is typically only available to those who suffer from a cognitive impairment and are thus unable to effectively manage their affairs and act in their own best interests. Generally, the state will appoint a guardian to manage the ward’s affairs. Becoming a ward of the state typically happens only if no family members offer to care for the adult in his or her parents’ stead. Even if a family member is unable to physically provide 24/7 care to the person in need, the family member could still become a guardian instead of allowing the person to become a ward of the state. It is not uncommon for adults to live in group homes, at least part time, while their legal guardian manages their affairs. 

Special Needs Trusts and Conservators 

If you have a child who has a cognitive disability or physical disability, you may be able to set up a special needs trust for them. Special needs trusts may help provide for the adult in the event of their parents’ passing. Not all states have dedicated special needs trusts, however trusts in general may be beneficial to ensuring that your child is able to receive the care they need after your passing. In some cases, parents may be able to appoint a conservator or hire a bank to act as a conservator in the event of the parents’ passing. This could help ensure that the child is not only provided for once they reach adulthood, but that they’re protected as well. If you have a child who is disabled and will need extensive care for the rest of their lives, it may be worth it to explore options with a financial planner and a disability advocate who understands your child’s specific condition and can help you plan for their future. 

Homelessness 

Tragically, disabled adults can become homeless, especially if they are struggling with a cognitive impairment and are unequipped to provide for themselves financially. Fortunately, in a case such as the aforementioned, adult protective services may be able to step in and provide some care, or assess the situation and determine whether or not the adult is able to care for themselves properly. If you have a family member who isn’t able to properly care for themselves, adult protective services may be able to help ensure that they’re getting the care that they need. In some cases, there may need to be a guardian assigned to the vulnerable person to ensure that their affairs are managed in the person’s best interests 

Can You Get Custody of an Adult? 

It depends on what you’re really asking. No matter the circumstances, you cannot get “custody” of an adult the same way you’d get custody of a child. However, you can be a guardian or a conservator of an adult who is not able to care for themselves and/or manage their finances. Depending on the circumstances, getting a guardianship or conservatorship over an adult may be challenging, especially it could be argued that the person in question is able to care for themselves. For example, autism is a relatively common condition and there’s a wide range of outcomes for those diagnosed with autism. While some people who have autism end up getting advanced degrees, others may need 24/7 care—and there’s a middle ground too. Therefore, getting a guardianship or conservatorship may not always be easy. If this is an issue that concerns you, it may be in your best interests to contact an attorney who can provide specific advice. 

When You Have Family Law Questions  

If you have family law questions about conservatorships, guardianships, or anything else, CoilLaw is here for you. Contact us today to get started on your initial consultation. 

 

X

How to Survive and Thrive When Your Marriage Ends

Learn More