Guardianship should be viewed as the option of last resort and used only if other alternatives do not provide an adequate solution. It is highly recommended that an attorney familiar with guardianship matters be consulted before considering beginning the process to establish a guardianship. Professional help will be absolutely necessary throughout the entire process.
The Legal Process to Establish a Guardianship
- address the individual’s disability and how it affects decision making
- analyze evaluations of the individual’s mental and physical condition, education, adaptive behavior, and social ability
- state and support an opinion about the need for guardianship, and
- recommend and support living arrangements and treatment plans.