Legal Guardianship of an Adult: Rights and Responsibilities

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Entrusted Legacy Law

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Jul 18, 2023

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Once a person becomes a guardian, they should be aware of their responsibilities. Since the ward loses significant rights, guardians must promote their autonomy to the fullest possible extent. Guardians must make decisions, such as moving the ward across states, in the ward’s best interests.


Legal Guardianship for Adults With Disabilities

There are several types of guardianship. An adult may require assistance across domains or may only need help in certain areas. In a plenary or total guardianship, a person may have more responsibilities than in a limited guardianship, in which the ward retains more rights.

  • In guardianships of the estate, or conservatorships, responsible individuals handle money for others.

  • Guardianships of the person support personal affairs, such as education, housing, and health care.

  • Plenary guardianships provide total assistance.

  • In limited guardianships, the substitute decision-maker only helps with particular decisions. A court may order a limited guardianship when an adult’s incapacity may only affect certain decisions. It is the least restrictive arrangement.

Effect on the Ward

In many cases, those subject to guardianship no longer have significant rights, which can vary depending on how restrictive the guardianship is. In some circumstances, lost rights include:

  • Voting

  • Marriage

  • Choosing where to live

  • Providing medical consent

  • Deciding whether to extend their lives or die naturally

  • Holding a driver’s license

  • Controlling, buying, or selling property

  • Owning a firearm or weapon

  • Entering into contracts, such as leases

Guardian’s Responsibilities

Making decisions for those who cannot, guardians must act in the best interests of their charges and fully support their independence. Depending on the terms of the order, responsibilities include arranging appropriate housing, education, and access to medical care. States can also require guardians to take classes.

Although the guardian’s controls can extend across many domains of the ward’s life, the guardian’s power stems from the court. Individuals exercising authority may face sanctions if the court has not approved a particular action.

Many guardianship orders allow a competent adult to manage the finances of an incapacitated individual’s — to purchase food and pay bills, for example. In many cases, however, the court does not give custodians complete powers.

  • A guardian may lack the power to sell the adult’s property, such as a home. To do so, the guardian would need special permission.

  • Caregivers also typically cannot reimburse themselves from the funds of the person with a disability without special permission from the judicial authority.

Annual Report

Protectors must file a yearly report. Depending on the guardianship type, this document may update the court on factors such as the following:

  • how the adult with a disability is doing

  • where they currently live

  • their financial status

It is crucial that guardians remember to keep good records and submit the report each year. Otherwise, they could face judicial reprimand and removal.


Transferring Guardianship Across States

Sometimes, the responsible person may wish to transfer the ward to another state to receive care. Moving must not simply constitute a matter of convenience for the caregiver, but must fulfill the ward’s best interests. The custodian must have reasonable and adequate plans for the ward’s care in the new location.

Before the majority of states adopted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA), transferring guardianships was complex. Since state laws govern guardianships, each state had its own rules. Streamlining the process, the Act makes moving those under guardianship easier by honoring the rulings of other jurisdictions. According to Special Needs Alliance, 45 states have enacted the UAGPPJA.

Similar to when an individual petitions for guardianship, they must ask the court to transfer the guardianship to a new jurisdiction and give notice of the move to all interested parties. If a person disputes the relocation, the court holds an evidentiary hearing to determine if moving aligns with the ward’s best interests.


Removing Guardians

When protectors fail to uphold their duties, the court may strip them of their authority and appoint another guardian. Grounds for removal include:

  • physical abuse

  • emotional abuse

  • financial abuse

  • failure to meet procedural standards, such as neglecting to file the annual report

Terminating Custody

Capacity can fluctuate over time. In some cases, incapacitated people regain the ability to make decisions. Other times, a ward may dispute guardianship. When a person wishes to end a guardianship, they can ask the court to terminate it.

Since wards sometimes face bias in legal proceedings, ending a guardianship can be challenging. Although individuals can represent themselves pro se, or without an attorney, a special needs attorney can help those subject to guardianship restore their rights.


Find a Special Needs Planning Attorney

Speak to a special needs planner near you to learn more about transferring or ending guardianship of an adult child with a disability.


Additional Reading

  • Legal Guardianship of an Adult: Becoming a Guardian

  • What Are the Ward’s Rights in a Guardianship?

  • Attorneys Can Help Prevent Bias in Guardianship Proceedings

  • How Legal Counsel Can Benefit Ward in Proposed Guardianship

Contact Sharek Law Office at 412-547-9855 or click here to schedule a complimentary 15-Minute Call to learn how we can help.


 

This article is a service of Sharek Law Office, LLC. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Life and Legacy Planning Session, during which you will get more financially organized than you’ve ever been before, and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life and Legacy Planning Session and mention this article to find out how to get this $750 session at no charge. Please note this is educational content only and is not intended to act as legal advice.

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Maintain Control Dictate how and when your assets are distributed to your heirs.For families with complex financial portfolios, business ownership, or special circumstances (such as blended families or special needs children), we offer advanced estate planning strategies tailored to your specific goals.Can You DIY Your Estate Plan?Many people wonder if they can create an estate plan using online templates or generic legal services. Unfortunately, most DIY estate plans fail when families need them the most. What often passes for "estate planning" is nothing more than basic document generation, where you answer a few questions and receive a generic template that may not fully protect your assets or your loved ones. No Personalization A generic template cannot address your unique family dynamics, financial situation, or specific legal concerns. Legal Loopholes Improperly structured wills or trusts may be contested in court, leaving your family in legal disputes. No Ongoing Maintenance Estate laws change, and without updates, your plan may become outdated and ineffective.At Entrusted Legacy Law, we dont just draft documentswe provide comprehensive estate planning services that ensure your estate plan actually works when it matters most. We take the time to understand your familys needs, educate you on your options, and create a legally enforceable, tax-efficient, and conflict-free estate plan that gives you peace of mind.Protecting Families & Minor Children Through Estate PlanningIf you are a parent with young children, your estate plan should begin with a solid foundation that ensures your children will always be taken care of, no matter what happens. Without the proper legal protections in place, your children could end up in the custody of someone you wouldnt have chosenor worse, under state guardianship.At Entrusted Legacy Law, we specialize in estate planning for families with minor children. We help parents:Name Legal Guardians Ensure your children are raised by trusted individuals of your choosing.Set Up Trusts for Minor Children Prevent financial mismanagement by appointing a responsible trustee to oversee assets.Establish Emergency Plans Provide clear instructions for immediate care in case of sudden incapacity or death.Whether youre planning for minor children, adult dependents, elderly parents, or a complex estate, we can guide you through the estate planning process with personalized strategies to protect your familys future.Secure Your Legacy With Entrusted Legacy LawEstate planning isnt just about who gets whatits about ensuring that your loved ones are financially secure, legally protected, and prepared for the future.If you want to create a comprehensive estate plan that reflects your wishes, avoids probate, minimizes taxes, and keeps your loved ones out of court and out of conflict, then now is the time to take action  Contact Entrusted Legacy Law today at 412-547-9855 to schedule your Life and Legacy Planning Session and take the first step in protecting your family, your assets, and your future.