Guardianship of an adult is a legal arrangement where a court appoints a person, known as a guardian, to make decisions for an adult who is unable to manage their own personal affairs. While adults generally have the right to make their own decisions, guardianship can become necessary when someone is unable to do so safely or effectively due to physical or mental limitations. Here are some situations where adult guardianship might be needed:

1. Intellectual or Developmental Disabilities: Adults with severe cognitive impairments or developmental disabilities may not have the capacity to understand or manage medical, or personal decisions. Guardianship can help ensure that these individuals receive appropriate care and are protected from exploitation.
2. Serious Mental Illness: In cases of severe mental illness, where an individual cannot consistently make safe or healthy decisions, a guardian may be necessary to help oversee important life choices. Guardianship may provide stability, ensuring that medical needs are met.
3. Dementia or Age-Related Cognitive Decline: Conditions such as Alzheimer’s or other forms of dementia can impair an individual’s ability to make safe decisions. If someone is at risk of neglect, exploitation, or making dangerous choices, guardianship can provide oversight and protection.
4. Severe Physical Disability: Some physical disabilities, when combined with limitations in decision-making capacity, may warrant guardianship. For instance, if an individual is unable to communicate effectively or care for themselves without help, a guardian can assist in managing care and essential daily activities.
5. Brain Injury: Traumatic brain injuries (TBI) may affect an adult’s cognitive functions, making it difficult to make responsible decisions or recognize risky situations. In these cases, guardianship can be a temporary or permanent solution, depending on the severity and recovery progress.

Guardianship is considered a “last resort” because it removes significant rights from an individual. Courts typically look for less restrictive alternatives, such as power of attorney or supported decision-making, before establishing guardianship. However, when these options are inadequate and someone is at risk, guardianship provides a legal means to protect and support vulnerable and incapacitated adults.

If you are interested in learning more about Guardianship or already know you need Guardianship to best take care of a loved one, call us at 480-922-1010 or email info@bivenslaw.com to schedule a consultation. We have handled hundreds of guardianship cases and can help guide you through the process.