Learn and understand the complicated systems involved in guardianship.
Read the Arc Guide to Guardianship
A person is considered a legal adult and their own guardian when they turn 18. Adults with disabilities have full rights and responsibilities unless guardianship is established.
Arc staff can discuss the range of options available to support someone in making decisions. We can help you weigh pros and cons but cannot decide what is best for your family. We are not attorneys and cannot give legal advice on how to establish guardianship.
Guardianship is a substitute decision-making process put into action by the probate court and a judge. This is appropriate for individuals who struggle making safe and healthy decisions without assistance.
Alternative and less restrictive options should always be considered when thinking about guardianship.
Consider guardianship if an individual cannot make safe and healthy decisions independently, and if less restrictive alternatives do not ensure well-being. If families worry about the vulnerability of their loved one, guardianship and its alternatives should be considered.
Everyone has a right to make mistakes and make their own choices in life. Guardianship is a way for a person to work with an individual to ensure what they want is considered and their decisions are in their best interest.
This previously recorded webinar produced by The Arc Minnesota provides essential information about guardianship.
Guardianship is a court process and requires a judge’s approval. For this reason, we recommend individuals pursuing guardianship seek an attorney’s assistance. For a list of attorneys who specialize in guardianship or to receive more information, please submit your request to Ask an Advocate.
The Arc’s advocates can assist families in understanding the guardianship process, getting connected to the correct places, giving resource lists, and helping learn and understand required annual paperwork.