How the guardianship process differs from the other options
- To be appointed as a guardian through this process, the adult with developmental disabilities will need to be determined "incapacitated" by the court. This means they are not legally capable of making important life decisions for themselves and will lose civil rights.
- If the adult with developmental disabilities can make independent decisions in some areas, it is important to look at the guardian advocate process instead of the guardianship process. We cannot stress enough that this is a last resort process for the most severe cases.
- You cannot complete and file paperwork for the guardianship process on your own. A lawyer is required. Because of this, both lawyer and court fees will need to be paid.
- Like the guardian advocate process, the guardianship process requires appointed guardians to turn in yearly guardianship reports to the court. This ensures everything is going well for the adult with developmental disabilities and allows the court to monitor any changes to living situation, health care treatment, finances, and the need for the continuation of the guardianship.
