In many cases where someone needs a guardian, that person is a minor. Minors are not legally allowed to make certain decisions on their own, so they need a guardian to do so. This is why guardianship designations are used in estate plans, as parents want to choose someone to take care of their child—and make key decisions about things like healthcare or education—if they are unable to do so.
But there are also situations in which an adult needs a guardian. This typically happens if they are incapacitated in some way. They are unable to take care of themselves properly, so they need a guardian to step in and ensure that their needs are met and that their best interests come first.
What leads to incapacitation?
Exactly why the person is incapacitated can differ from case to case. It may be an adult who has developmental issues that they have dealt with all their life, so they have always needed a guardian.
But there could also be a situation where someone’s cognitive ability declines as they grow older. Maybe they previously were able to make all their own decisions, but dementia or Alzheimer’s has robbed them of that ability. A guardian may be necessary to ensure that they still get the care they require.
In other situations, incapacitation comes from a sudden event. Someone may suffer from a heart attack, a stroke or another major medical event that leaves them incapacitated, either on a short-term or a long-term basis. In these cases, it can be helpful for them to have a guardian to assist.
Setting up a guardianship
This demonstrates just a few of the reasons why a guardianship may need to be used, even for an adult. Those who are interested in this process need to know about the legal steps to take to set everything up correctly.
