Caring for a loved one with a disability can involve complex decisions about their safety, well-being and legal rights. When an individual is unable to make certain decisions due to cognitive or physical impairment, guardianship can provide a solution to help ensure their best interests are met.
Understanding how guardianship works and the protections it offers can help families navigate these critical choices with greater confidence.
Safeguards
Guardianship can be a critical safeguard for loved ones with disabilities because it helps to ensure they are cared for in a way that respects their dignity and meets their specific needs.
A guardian can make informed decisions about medical treatment, helping ensure that the individual receives appropriate care. This can include:
- Consenting to surgeries
- Managing medications
- Confirming that doctors’ recommendations align with the ward’s best interests
Additionally, guardianship can protect the individual from exploitation or mismanagement of their finances. A guardian can:
- Oversee income
- Manage bills
- Make investment decisions
This way, the family can rest easy knowing that their loved one’s resources are used wisely for their care. Moreover, the guardian can decide on the most appropriate and safe living situation for the ward, whether that’s:
- At home
- In a care facility
- With supportive housing options
The guardian’s role is to help ensure the environment is both safe and supportive. Guardianship can also cover decisions related to education and employment. A guardian may help ensure the ward is enrolled in programs or training that are aligned with their abilities, offering them a chance for personal growth.
Last but not least, guardianship provides legal authority to represent the ward in legal matters. This may include signing contracts, filing lawsuits on their behalf or defending against legal actions.
When is guardianship appropriate?
Guardianship is not a one-size-fits-all solution. In many cases, alternatives such as power of attorney or supported decision-making can be used if the individual is able to express their preferences with assistance. Guardianship should only be pursued if the person with a disability is truly unable to make important decisions on their own and there are no less restrictive options available.
Guardianship can play an essential role in protecting loved ones with disabilities by helping to ensure their needs are met in a comprehensive and thoughtful manner. For families considering this option, compassionate legal guidance can help tailor a plan that fits the specific needs of a loved one and offers them the best possible protection.