Is Guardianship Appropriate for an 18-Year-Old with Mental Health Issues?

Question from charlottesmom, Is Guardianship Appropriate for an 18-Year-Old with Mental Health Issues?

Answer from AI:

Guardianship is a legal arrangement that allows one person, the guardian, to make decisions for another person, the ward. It’s typically used when the ward is unable to make decisions for themselves due to a physical or mental disability. In your case, you’re considering guardianship for your 18-year-old child who has mental health issues.

When is Guardianship Appropriate?

Guardianship may be appropriate if your child is unable to make or communicate responsible decisions about their personal care or finances. This includes managing their medication and treatment. However, it’s important to note that guardianship is a serious responsibility and should only be considered if less restrictive alternatives are not suitable.

What Does the Law Say?

In the United States, guardianship laws vary by state. Generally, a court must determine that the person is incapacitated, meaning they are unable to manage their personal care or finances. The court will consider evidence such as medical reports and testimony from healthcare professionals. Your child’s psychiatrist’s report could be a crucial piece of evidence in this process.

What are the Alternatives to Guardianship?

Before pursuing guardianship, consider less restrictive alternatives. These may include:

• Power of Attorney: This allows your child to appoint someone to make decisions on their behalf.
• Representative Payee: If your child receives government benefits, a representative payee can manage these funds for them.
• Joint Bank Account: This allows you to help manage your child’s finances without full guardianship.
• Health Care Proxy: This allows your child to appoint someone to make healthcare decisions for them if they are unable to do so.

Should I Consult with a Legal Professional?

Yes, you should consult with a legal professional. They can provide personalized advice based on your situation and your state’s laws. They can also help you explore alternatives to guardianship and guide you through the guardianship process if it’s the best option.

Where Can I Find More Information?

For more information on guardianship and alternatives, you can visit the LawHelp website. This site provides free legal information and resources for low-income individuals. You can also visit the Nolo website for self-help legal information.

Remember, this information is general in nature and does not constitute legal advice. Always consult with a legal professional for advice tailored to your specific circumstances.