Adult guardianship involves one person assuming authority over the finances and daily life of another. Typically, guardianship petitions require proof that an adult is incapable of consistently acting in their own best interests.
Medical evidence and testimony often play a major role in guardianship litigation. There are certain types of medical conditions that are more likely than others to lead to a successful guardianship request.
What health issues could leave someone incapable of managing their own affairs?
1. Dementia
Many people associate guardianship with advanced age, but age alone doesn’t leave a person in need of support. Instead, the medical challenges that arise with age are what make guardianship necessary. Different types of dementia, including Alzheimer’s disease, can develop as people age. Dementia can undermine a person’s connection to reality and leave them incapable of making rational choices.
2. Traumatic brain injuries
People of all ages can injure their brains in a variety of different situations. Car crashes are a leading cause of traumatic brain injuries (TBIs). TBIs can affect memory and cognitive processing. They can leave people unable to manage their affairs due to confusion or even comas.
3. Severe mental health challenge
Trauma, personality disorders and other mental health issues can affect a person’s cognitive capabilities. An individual struggling with bipolar disorder or a schizoaffective condition may not be able to appropriately manage their resources when their symptoms suddenly increase, for example.
Concerned family members and caregivers with evidence of debilitating medical conditions can petition the courts for a guardianship. Requesting legal authority over a vulnerable adult can protect them from predation and mismanagement of their circumstances.
