Yes, a guardianship is not always necessary (or recommended) for an adult with a disability. As guardian of the ward's estate, you will need to manage the property, finances, and legal affairs of the ward. Some courts require the account to be filed on an annual basis; you should check with an attorney to see how frequently accounts are required in your area. At 18 all individuals, including those with developmental disabilities, reach the legal age of majority. If there is a change in the ward's ability to manage his or her own affairs, the court can modify or terminate the terms of the guardianship. A lawyer with experience in filing guardianships can be the perfect partner in arranging for this legal procedure. transfer or sell any of the ward's personal property or real estate; mortgage the ward's real estate or take out any other loans on the ward's behalf; make any gifts from the ward's estate, even if the ward gives you permission; expend any large sums of the ward's money for unusual or extraordinary expenses, such as the purchase of a new home or automobile; or. In that situation, it is possible for the court to appoint a guardian and/or conservator to act on that person’s behalf. Common missteps typically cause everyday people to suffer delays, refile cour documents, and even start the process over. Section 11 of Regulations – Both the parents may jointly, or, in the event of the absence of one due to death, divorce, legal separation, desertion or conviction, may singly apply for guardianship of their or as the case may be his ward beyond the age of 18 years. An overview of the disability the adult has, and how that disability is affecting decision making capabilities. State qualifications differ, but in general, to be qualified, a guardian must be a legal adult (18 years of age) and cannot have a felony or gross misdemeanor record implicating dishonesty (forgery, bribery, etc. If parents are not available, an adult sibling or other adult family member is the next best choice. not make any further expenditures from the ward's assets; preserve and protect the ward's assets until the court directs a final distribution; and. Guardianship is the legal proceeding in court. Author: Polizzotto & Polizzotto (i): Contact: www.polizzotto.com Published: 2011-09-22: (Rev. "Guardianship of the estate" means that the guardian will be responsible for all financial and legal matters of the ward. A petition to modify or terminate the guardian can be brought at any time by the guardian, the ward, or any other person on the ward's behalf. A "ward" is the person who has been declared by the court to be disabled and the person for whom you have been appointed as guardian. Not every person with an intellectual disability needs a legal guardian. Legal Guardianship for Young Adults with Disabilities During the first 17 years of your child’s life, you are probably managing a lot for them: money, finances, school, doctor’s visits, therapists, caregivers, transportation, housing, and even shopping for groceries. aren’t capable of making personal decisions; may be vulnerable because of a permanent or temporary disability or illness By law, the Office of State Guardian serves as guardian only when no other person is suitable and willing to serve. If you are accused of any inappropriate action, you should contact an attorney. 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