There is often a general assumption that individuals with a disability (especially if it is a developmental disability) or special healthcare need, will need a guardian when they turn 18. However, guardianship is not a one size fits all solution. Often individuals with disabilities or special healthcare needs are able to make some decisions for themselves and need additional support in other areas of life. The trick is to find a balance – giving the person enough support and protection to live a safe and healthy life without unnecessarily taking away freedoms.

If you are thinking of pursuing a Guardianship, you may consider whether guardianship will achieve the outcome you desire and whether there are lesser alternatives that may be a better fit. It is important to consider the individual’s needs for support and/or protection and then ask, “Is guardianship necessary to address those needs?”

Some alternatives to Guardianship that still provide decision-making support include:

 Durable Power of Attorney 

 Durable Power of Attorney for Health Care 

 Living Will 

 Living Trust 

 Special Needs Trust 

 Adult Protective Services 

 Limited Guardianship 

If you are considering guardianship and would like to discuss alternatives that may better fit you and your loved one’s needs contact The Binder Firm.