Guardianship is an important legal entity that should never be overlooked. It is an option that many people turn to when the time comes in life for their family members. Guardianships are most commonly created for children and adults with disabilities because they need to be protected since they cannot protect themselves. Let’s take a look at creating a guardianship for an adult with a mental illness.
When you go to create a guardianship for a mentally disabled adult child, you need to make sure the person chosen meets the requirements. These requirements might vary, but for the most part, they are close from jurisdiction to jurisdiction.
The person chosen has to be 18 years of age and cannot have a gross misdemeanor or a felony for fraud, bribery, forgery or any other comparable crime. The other requirement is that the person chosen for the guardianship is not disabled.
If the ward, the person the guardianship is being created for, can express their wishes, the court will honor those wishes when choosing who will become the guardian. Should the ward be unable to express their wishes, the court will make a choice based on the documents created prior to the ward becoming incapacitated.
Should there not be any documents available, such as a power of attorney or will, the court typically prefers to appoint a spouse, parent, sibling or some other close relative.
Now that you know how important it is for a guardianship to be created for a mentally ill family member, you can look into the options you have. It’s best to speak with an experienced Fort Myers attorney before making any decisions regarding guardianships.