Guardianship programs provide legal and personal assistance to mentally incapacitated adults, often appointed by the court. Services include medical, financial, and legal aid, as well as daily tasks and housing arrangements. Relatives or civil servants often seek court protection, and government agencies may provide services if no other options are available. The application process is often restrictive.
A guardianship program is provided by a non-profit, for-profit, or government agency whose mission is often to provide guardianship and guardianship services to adults with developmental disabilities and other adults who are deemed mentally incapacitated by a court to govern their financial interests and personal affairs. Each program is court-appointed, and relatives often give the court input on which guardian to choose if the adult does not request a specific guardian in other legal documents. The services provided by an advocacy program include medical, financial, and legal assistance. Guardians or case managers also perform mundane daily tasks, such as running errands. Some guardians also find suitable housing arrangements for the adults if the guardianship program does not have its own facilities for the adults to stay.
Rules for court-appointed guardianship are often found in the region’s probate laws. The probate court creates a legal relationship between the guardianship program and the adult who can no longer handle basic daily activities, such as eating and bathing, or making money management decisions. These adults need supervision, and volunteers or guardianship case managers provide the necessary care and supervision. Many adults also need help getting and receiving medical care. The guardianship program is responsible for paying medical bills, administering medication to the adult, and seeking help from medical professionals.
Adults don’t often apply for a guardianship program. It is often a relative, friend or civil servant who seeks court protection. The probate court usually appoints an attorney to act as a guardian for legal purposes only to consult with the adult about the proceedings. The attorney is often called upon by the court to make recommendations on the limits of guardianship services.
When there is no individual or private or public agency qualified to provide needed services to adults deemed incapacitated by the state or willing to provide such services, a government agency may be appointed to provide guardianship services. Some state departments offer their own advocacy programs to serve adults, such as the Department of Human Services located in every state in the United States. Adults must meet certain criteria, including residency requirements and often the stipulation that the adult is already a recipient of state welfare benefits. Government agencies are often reluctant to provide guardianship services to adults who have other options. The application process for admission to the guardianship program is often restrictive, and adults must document that other alternatives have been tried and unsuccessful.
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