If a judge says you cannot make important decisions for yourself, she may say you need a guardian to make those decisions for you. Just having a disability or medical problem does not mean you need a guardian. Most people with disabilities do not need one. A guardian has the legal right to manage the parts of your life that the judge says you need help with.

Depending on what the judge says, your guardian may make decisions for you in one or both of these areas:

Personal life (guardian of the person) like medical care, education, where you live, and how you travel.

Money (guardian of the estate) like paying bills, buying food, saving money, and paying rent.

If the guardian is in charge of both areas, they are called a plenary guardian.

It is a lot harder to have a guardianship removed than it is to stop a guardianship before it happens. It is important to understand how to avoid having a guardian.

It is not always easy to know if someone is your guardian. For example, some people like parents, think they are guardians of a family member but may not be. This is because once you turn 18 years old, your parents are not your guardians anymore.

Sometimes, if a judge thinks you need help making decisions, she will say your parents need to be your guardian after you turn 18. When a judge does this, your guardian will get a paper called “Letters of Office,” which shows they are allowed to make decisions for you. Equip for Equality can help you find out if someone is your guardian if you need help.

Anyone can ask a judge to give you guardian. The person or agency that asks the judge to give you a guardian is called the “petitioner.” The state can ask to be your guardian or it can ask another person to be your guardian. Family members, service providers or other agencies can also ask to be your guardian.

The law says that a judge must send you a letter in writing at least 14 days before someone goes to court to ask to be your guardian.  If you get a letter saying you have a court hearing to decide if you need a guardian, contact a lawyer right away so that you can understand all of your legal options.

The judge will ask you and the person asking to be your guardian to talk. She will want to know why the other person thinks you need a guardian. And she will want to know why you think you do not need a guardian.

It is very important that you talk to a lawyer before you go to court. Give your lawyer a list of all the people in your life who know about your abilities so they can come to the court to tell the judge why they think you do not need a guardian.

You have the right:

• To be at the hearing.
• To have a lawyer.
• To ask for a jury to hear decide if you need a guardian.
• To say why you don’t need a guardian and show things like receipts that prove you do not need a guardian.
• To ask the judge to have an expert to examine you to see if you need a guardian.
• To ask that the court hearing be private so nobody else can see or hear what is said.
• To tell the court that you do not want a guardian.
• To tell the court who you want to be your guardian if the judge says you need one.

Yes. There are three different kinds of guardians.

Temporary guardianship:

If the judge thinks there is an emergency, she can give you a temporary guardian without a hearing. This person can only be your guardian for up to 60 days. Then you will not have a guardian anymore. You will have a court hearing before the 60 days end for the judge to decide if you need a guardian for longer.

Limited guardianship:

If a judge thinks you need help making decisions in some areas of your life but not for all areas, she will give you a limited guardian. This person will only be allowed to make decisions for you in the areas of your life that the judge says. For example, she may say you need a guardian to help make medical decisions for you but nothing else.

Plenary guardianship:

If a judge thinks you need help making decisions in all areas of your life, she will give you a plenary guardian. This person can make decisions for you in every area of your life, including medical, money, personal, and all other areas.

Sometimes a judge will give you a guardian ad litem to help get information for the judge and recommend things to do in your court case. This person is not your guardian and is not your lawyer. This person is only there to help the judge make decisions based on what is best for you. The guardian ad litem and judge may think what is best for you is not the same thing as what you want.

The law says guardians have to do what you want as much as possible. The law also says guardians have to let you be as independent as possible. Guardians are supposed to think about what you want and try to make decisions that give you what you want if it is safe. If your guardian is not able to tell what you want, he should try to make decisions that are best for you.

Yes. Other legal and nonlegal tools can help people with disabilities make their own decisions without needing a guardian. These include:

• Power of attorney for help with money.
• Power of attorney for help with healthcare.
• Health care surrogacy to help with healthcare.
• Mental health advance directives to help in emergencies.
• Representative payees to help manage your SSI or SSDI.
• Bill-paying programs to help with money.
• In-home supports to help with daily life.
• Advocacy services to help with many parts of your life.

Find a lawyer as soon as possible. Or contact Equip for Equality for more help.