Many people understand why they would need a guardianship for a child who is a minor. As they make their estate plan, they may choose a guardian so that, if something happens to them and their spouse, they know that this other individual will care for their child. They’re essentially picking someone to be a replacement parent if that is what is needed.
But what if your child is an adult? Are there also situations in which you may need to choose a guardian for them or set up a guardianship as part of your estate plan?
Inability to make decisions
The thing to remember is that the guardianship doesn’t actually have much to do with a person’s age. Instead, it can be handed out when somebody lacks the ability to make their own decisions and needs someone else to assist them.
Naturally, this is true for minor children. No one expects a five-year-old to be able to make sound decisions. This is not the child’s fault, but the guardian is necessary.
But it could also happen in a situation where your child suffers an injury and is going to need lifelong care. Or perhaps your child has a cognitive disability, and you’ve been caring for them for life. You still know that you are eventually going to pass away, likely before your child, so setting up a guardianship still ensures that you know someone will take care of them when you’re no longer able to do so.
It’s important to get this right, so make sure you know exactly what legal steps to take. Planning for the future gives your family the best chances of success and long-term happiness.