Temporary guardianship of an adult

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Kent County has five District Courts covering the following jurisdictions:. The Health Department encompasses a wide range of programs and services. Visit the Department's homepage for more resources.

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If you want to be the guardian over an adult, there are many forms you must fill out to open a case. Read on for more information about the forms you must complete and how to open a case. Read more

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An "incapacitated person" is a person of eighteen 18 years or older who is impaired by reason of mental illness, physical illness or disability, substance dependency, or such similar cause; causing the person to lack the ability to care for his physical safety or financial resources. If the proposed ward is under the age of eighteen 18 years, see Minors. An adult who is incapacitated or partially incapacitated may need help taking care of their physical health and financial resources.

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Guardianship may be awarded for a temporary period of time or long-term. A legal guardian will remain in that position until the circumstance that required the appointment is cured. Alternative, the position may end if the court determines the current guardian is failing to carry out the duties and responsibilities as outlined in the guardianship order.

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Guardianship is designed to protect and promote the well being of those whose functional limitations prevent them from making their own decisions. A guardian is a person or agency appointed by a court to manage the affairs of another, called the ward or incapacitated person. Guardianship is the management of the affairs of a person who has been judged unable to manage his or her own affairs.

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Serving as a guardian for a disabled adult age 18 and older is a serious responsibility. As guardian, you have been given control over certain or all aspects of the person's life. At all times, you must follow the law, the guardianship order, and any other specific court orders pertaining to your guardianship.

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Adult guardianship is an arrangement that is established by a court between two people typically — a guardian and a ward. The ward is an adult who needs help managing his or her personal or financial affairs. A court-appointed guardianship is typically established because the ward is mentally incompetent or unable to communicate, and thereby incapable of managing his or her own affairs without assistance.

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Adult guardianship is a legal relationship between a court-appointed individual or program the "guardian" and an individual who is found by the court to be incapacitated the "ward" due to dementia, developmental disability, stroke, brain injury, chronic mental illness or other causes. A developmental disability or mental illness is not, by itself, a sufficient reason for the court to rule that a person is incapacitated. The court must find that due to a mental condition, such as those listed above, the individual is substantially unable to provide for his or her physical, emotional, medical and residential needs.

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Guardians may be appointed for minors or adults on a temporary basis. Temporary guardianships are generally designed to last no more than 6-months. If the subject of the guardianship is a minor, you will want one appointed in matters where the child is involved as a plaintiff in a civil lawsuit, if there is a custody disputeor where the child has a physical or mental disability.

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If the person in your care is in good health, you may not be thinking about her possible need for a conservatorship, or adult guardianship. If the person has an advance health care directivethe decision-making about her medical care, if she becomes incapacitated, may already be provided for. If she has a durable power of attorney for financesthere will be someone to take care of money matters. But what if she has only one of these documents?

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