Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Is guardianship an option ?

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  • Is guardianship an option ?

    My adult daughter is 40 years old and is developmentally handicapped. She currently lives with me. She is higher functioning, so it is not noticeable to people who don't know her well. She is not capable of choosing the right kind of people to associate with, date, or live with. Her "friends" have stolen everything she had, and she let them move back in with her. She is not capable of making normal everyday business decisions. When she meets a guy she likes, she is ready to move in together within a few days or so. Not only is it a bad decision on her part, but also speaks of the kind of guys she chooses. If they show her any attention, she is in love. She is not able to handle her money responsibly. She is easily manipulated by other people. Her latest guy and her have been looking for an apt. since 6 days after they met. She is currently working, but he just quit another job. I say "another" job because my son did his taxes and he had 8 W2's from last year. This is not the first time she has lived with me because of losing her job, car, and being homeless. Each time, I help her manage her money, she gets a job, gets a car, saves a little money, and boom....... It all starts again. This is just the major problems with her. I am afraid again, that she will be taken advantage of again. Is guardianship an option in this case? Would it even work if she has a job and gets a paycheck. What would prevent her from spending her paycheck anyway or signing for cars, etc. She is a 40 year old women and wants her independence, but more like a 12 year old as far as managing her affairs. Any ideas???
    Ch13 filed 1/13/11, 341 held 2/17/11, Confirmed 3/23/11
    1% to unsecured creditors
    25 down, 15 to go! Thanks to all for your help here on the Forum!

  • #2
    Guardianship of the person or the estate or both are options. You would have to prove she is incompetent to be appointed guardian. If a guardian of her estate is appointed, her paycheck could go directly to the guardian instead of to her. A guardian of her person could control where and with whom she lives. Here's some info on Guardianships in Ohio:

    Another option, if she is not legally incompetent and is cooperative, is for her to petition to have you appointed as her conservator.

    Have you looked for help from organizations that specialize in assisting disabled adults to live independently, like the one I linked to above? They will explore solutions as her advocate with a preferance of avoiding a guardianship or conservatorship. They would be come her advocate, not yours. Their preferences it towards allowing a disabled adult to live as independantly as she is capable of. They could even see you as an adversary if they think you are unreasonably trying to control her. So, if you contact an organization, to avoid getting off on the wrong foot, instead of mentioning guardianship at the outsiet, tell them you are concerned about your daughter's personal and financial well being and are looking for help to protect her while respecting her desire for independence.

    Another solution is to contact adult protective services for assistance, especially if you are concerned about a specific person taking advantage of her.

    If you want to petition to be appointed her guardian, you should consult with an attorney who specialize in guardianship law, which is under the larger umbrella of probate law.

    Here are some more links that may be helpful:

    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!


    • #3
      Thanks so much for the information. I will certainly look into the links you provided! Your reply is very helpful. I have mentioned about her living in in one of those facilities that could help her and she was very much against it. She says she always pays her bills and doesn't need help with that. The problem, she doesn't work her jobs very long and doesn't make enough money to pay them and is unable to handle the money she does make. She is limited in what kind of work she is able to do and has a hard time finding one when she quits or is let go. Thanks again!!!
      Ch13 filed 1/13/11, 341 held 2/17/11, Confirmed 3/23/11
      1% to unsecured creditors
      25 down, 15 to go! Thanks to all for your help here on the Forum!


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