If you have a loved one with significant disabilities or special needs that will soon be 18 years old, you may need Guardianship to continue handling their personal and medical decisions. But do you need full Guardianship or limited Guardianship? How do you decide which is best? This article outlines the considerations in whether to request full Guardianship versus limited Guardianship.

With full Guardianship, all personal and medical decisions for the Ward will be up to the Guardian(s) and by law, his rights to drive and vote will also be suspended. In other words, the rights of the legal Guardian(s) are the same as a parent to their minor child.

With limited Guardianship, the Guardian(s) will have only the personal and medical decision-making authority expressly granted by the Court. In other words, some “control” must be given up and retained by the Ward. Under limited Guardianship, the Ward can retain the right to drive (he still has to meet DMV’s requirements) and vote if the Court determines that he is able to drive and/or vote. The judiciary recently conferred and determined that for limited Guardianship some authority must be “given up”.  By way of example, if the Ward can retain any of the following rights and demonstrate that he is or will be able to drive in the immediate future (e.g., completion or enrollment in driver’s education course) and/or vote (e.g., he will need to testify regarding his interest in politics and/or voting) then limited Guardianship may be appropriate:

• Ability to consent for receipt of psychiatric and psychological care and treatment if such care and treatment takes place outside a level one behavioral health facility licensed by the Arizona Department of Health Services
• Ability to determine where he resides
• Ability to make provision for his care, comfort, and maintenance
• Ability to take reasonable care of his clothing, furniture, vehicles, and other personal effects and commence protective proceedings if any other property is in need of protection
• Authority to give or withhold any consents or approvals that may be necessary to enable him to receive professional care, counsel, treatment, or service
• Authority to arrange for appropriate psychological care and social services for him
• Ability to arrange for appropriate educational opportunities for him and communicate with any education providers and institutions on his behalf
• Access to his medical records and education records.
• Authority to withhold or withdraw life sustaining treatment, including artificial food and fluid
• Authority to receive money and tangible property deliverable to his and apply the money and property for his support, care and education
• Ability to have control over his finances

Note, if full Guardianship is initiated and later the Ward is able to handle some of the responsibilities for himself as set forth above and/or demonstrate to the Court he is ready to drive and/or vote the full Guardianship can be converted to limited Guardianship after petition and Court hearing.  When requesting limited Guardianship, it is more likely that the Court will want the Ward’s physician to testify regarding the Ward’s abilities to handle any of the “retained” powers, including driving and voting.

If you have Guardianship questions or need help in petitioning the Court to establish Guardianship our team of experienced lawyers and legal professionals are here to help. Call 480-922-1010 or email info@bivenslaw.com today to schedule a consultation.