frequently asked questions
FAQs
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At the age of 18, regardless of a disability or decision-making capacity, the legal system considers an individual an adult and capable of making their own decisions. This means that parents no longer have legal authority to make decisions or inquire about their child’s health, or other needs, unless formal processes are put in place and granted per the court system.
A legal guardian, or guardianship, is often needed when an individual’s decision-making capabilities are impaired to a point where he or she is unable to adequately maintain their own health and is at risk of physical injury or illness.
Adult guardianship can be appointed (start) at age 17 ½; it is recommended that the petitioner start the process early to have in place by the protected person’s 18th birthday. Guardianship of a minor (person under the age of 18) does NOT automatically roll over into guardianship of an adult when the person turns 18, so the court must be petitioned.
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A guardian can be a parent, family member, friend or someone that believes the respondent (proposed protected person) needs help.
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To set up guardianship, the court must first decide the level of competence of the protected person. The protected person will be assigned legal counsel by the court to represent them. Often this is done at no cost to the protected person, due to indigent status. The proposed guardian (petitioner) who is petitioning to become the guardian, is responsible for attorney fees and other related costs to establishing guardianship. Hills & Dales does not pay for this service.
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Once guardianship is granted by the court, the newly appointed guardian(s) will be responsible for completing an inventory and initial plan within the first 90 days of being appointed and completion of an annual report about the protected person’s current health, living situation, contact with others, etc. Signed copies of the initial guardianship “Letter of Appointment” and the yearly “Order Appointing” documents must be provided to Hills and Dales. All changes, including guardianship lapses, must be reported to Hills & Dales in a timely manner.
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