The phone slipped from my grasp, clattering onto the hardwood floor. Tears welled up in my eyes as I reread the email. My daughter, Sarah, was turning 18 next month. It felt like just yesterday she was giggling on the swings at the park, her boundless energy infectious. Now, with adulthood looming, a harsh reality set in. Sarah, diagnosed with autism at a young age, needed ongoing support and care. Without legal guardianship, crucial decisions about her medical treatment, living arrangements, and financial well-being would be out of my reach.
How Does Guardianship Protect My Adult Child?
Guardianship is a legal process that grants an individual, the guardian, the authority to make decisions on behalf of another person deemed incapable of making those decisions themselves. In cases involving adult children with disabilities, guardianship ensures their needs are met and their rights are protected. This can encompass a wide range of responsibilities, including:
- Providing consent for medical treatment
- Managing finances and paying bills
- Making housing arrangements
- Ensuring access to social services and support programs.
What Happens If I Don’t Establish Guardianship?
Without legal guardianship, Sarah would essentially become an adult in the eyes of the law, with all the accompanying rights and responsibilities. Unfortunately, this also means she could be vulnerable to exploitation or make decisions that may not be in her best interest. Imagine a scenario where Sarah needed emergency medical care but couldn’t consent to treatment because she lacked the legal capacity. The consequences could be devastating.
What Steps Should I Take to Become My Daughter’s Guardian?
“Mom, will you always be there for me?” Sarah asked one evening, her eyes wide with a mixture of innocence and apprehension. Her question was a poignant reminder of the responsibility I carried. Becoming Sarah’s legal guardian required a formal court proceeding.
I needed to file a petition outlining Sarah’s disability and demonstrating my ability to act in her best interests. This involved gathering medical records, obtaining evaluations from specialists, and presenting evidence that showcased my dedication to Sarah’s well-being. The process was complex and emotionally taxing, but I knew it was essential for Sarah’s future.
Can Guardianship Be Modified as My Child Grows?
As time passed, Sarah blossomed under the stability of her guardianship arrangement. She participated in a vocational program, gained valuable life skills, and developed meaningful relationships. The beauty of guardianship is its adaptability.
If Sarah’s capabilities evolve or circumstances change significantly, the court can modify the guardianship order accordingly. This ensures that the legal framework remains responsive to her individual needs throughout her lifetime.
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Map To Steve Bliss Law in Temecula:
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The Law Firm of Steven F. Bliss Esq.43920 Margarita Rd ste f, Temecula, CA 92592
(951) 223-7000
Feel free to ask Attorney Steve Bliss about: “What estate planning steps should I take if I own a small business?” Or “What’s the difference between probate and non-probate assets?” or “What happens if my successor trustee dies or is unable to serve? and even: “What happens to joint debts in bankruptcy?” or any other related questions that you may have about his estate planning, probate, and banckruptcy law practice.