The Pros and Cons of Legal Guardianship for Adults with Disabilities

January 10, 2024

If you’re here, it means you’re contemplating a critical decision for your adult child with a developmental disability. Today, we delve into the world of legal guardianship for adults with disabilities – a topic that deserves your careful consideration because of the huge impact it has on your loved one’s life.

What is Legal Guardianship for Adults with Disabilities?

Guardianship means obtaining the legal authority to make decisions for another person. This happens by going to court and proving that your loved one with a disability is incapable to a judge, who would then appoint a guardian. Now again, this might seem like a good idea, but please exhaust all of the alternatives before going forward with guardianship because it removes all of your loved one’s rights.

The Pros to Guardianship:

  • A guardian oversees and controls finances, medical matters, and legal representation.
  • Decisions are made for the person, possibly offering a layer of protection when there is a vulnerability.

The Cons to Guardianship:

  • Loss of Freedoms: Your loved one loses the ability to make decisions for themself.
  • Stigma of Incapability: Potential societal devaluation of your loved one.
  • Non-Transferable: Risks if the guardian passes away.
  • Difficult to Overturn: Once done, it’s a challenge to reverse.

I hope the cons of guardianship makes you pause, and further research the alternatives to legal guardianship for adults with disabilities that provide protection for your loved one, and allow them to maintain their rights!

In the video below, I further discuss these pros and cons to legal guardianship for adults with disabilities in more detail, and I begin to discuss the alternatives to guardianship.

Click below to watch the short video:

P.S. Help your loved one with a disability to live a safe and secure life by getting my Life Planning 101 guide!

-> Download My Free Life Planning 101 Guide

  • Guardianship for adults is designed for only one demographic, those who are chronically too dangerous to themselves and or society, that’s it!

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