Law Offices of Anthony R. Scifo – Adult Guardianship – Call 847-628-8311
Adult guardianship enables an individual to make the legal and personal decisions on behalf of an adult who cannot do so on their own. The court – after the adult’s disability is proven – must grant approval of the guardian. In many cases, families will turn to guardianship for a special needs adult or an adult with a medical condition that requires assistance. The guardian is responsible for the adult’s well-being and must make decisions that are in the adult’s best interests.
A main benefit to adult guardianship is that it empowers a loved one to make decisions for the disabled adult. Another benefit to consider is that the court provides some oversight to ensure the guardian is looking out for disabled person’s best interests. If someone suspects that the guardian is not acting in the adult’s interests, they can challenge the guardianship in court.
For an alternative to guardianship that is not as restrictive for the disabled adult, there is power of attorney. This enables the adult to choose a guardian and also put limits upon their decision making capacity for finances and healthcare. Powers of attorney are usually not as expensive as the process of naming a guardian. Powers of attorney, however, can be executed only when the disabled adult has the capacity to fully understand their actions.
Creating a Special Needs Trust.
This form of trust establishes a third party trustee. The trustee controls assets that are held in a trust for the special needs adult. The specific terms of the special needs trust can set certain functions for the funds to be used. Additionally, a special needs trust can allow the disabled adult to earn income without a negative impact on their eligibility for government benefits.