Involuntary Adult Guardianships

The need for an adult involuntary guardianship arises when there are no lesser restrictive alternatives, like estate planning documents, available to assist an incapacitated person with financial or medical decisions. A concerned family member or friend files a petition and alleges that the alleged incapacitated person is unable to manage their financial and/or medical affairs and, as a result, may be subject to harm, neglect, or exploitation. The petition begins a process of incapacity evaluations and if it is determined that the alleged incapacitated person is unable to manage certain civil rights, then a guardian is appointed. The categories of civil rights are separated into those of the person (healthcare, social and residential decisions) and of the property (income, asset, and lawsuit management). Adult involuntary guardianships can also be utilized to protect mentally ill or addicted individuals, sometimes by filing for an emergency temporary guardianship.