Usually, the person appointed as guardian for an adult is a family member or other loved one. The right choice often depends on the person’s age, condition, and family situation.

When a disabled child turns 18 and needs a guardian, it is often the parents who step forward. Sometimes it may be an adult sibling instead. When the person needing help is an older adult with dementia or another serious condition, it is often an adult child or grandchild who applies.

But the Court is not just looking for a willing person. It is looking for the appropriate person. That means the Court may consider the relationship, whether other family members have been notified, whether anyone else wants to serve, and whether someone else may be better suited for the role. In other words, being related is important, but it is not the only consideration.

In some cases, no family member is willing or able to step in. When that happens, an institution such as a hospital or nursing home may need to petition for guardianship so that care decisions can still be made. That is usually a last resort, but it can happen when no loved one comes forward.

If you are wondering whether you are the right person to serve as guardian, that question usually turns on both relationship and practicality. The Court will want to know whether you are close enough to the situation, prepared to take on the responsibility, and the best fit to protect your loved one. I can help you think through that before you begin the process.