Seeking an adult or minor guardianship may be necessary in a variety of circumstances. Our office has experience representing both individuals petitioning for guardianship (who, if successful, become Guardians) and individuals under guardianship (referred to as “wards”). In addition, we regularly serve as Guardian ad Litems (GALs) for probate courts throughout the state.
Before a Guardianship Petition is granted, the petitioner must demonstrate that there is no lesser restrictive alternative to guardianship available. Because of our personal experiences, we encourage families of adults with intellectual or developmental disabilities to explore all available alternatives before pursuing a guardianship. Powers of attorney that designate a trusted person to make decisions regarding health care and property are often a suitable substitute. Most people with intellectual or developmental disabilities have the capacity to sign them. We are happy to meet with families to discuss and prepare these documents.
The Rhode Island Disability Law Center published a wonderful pamphlet on Guardianship in Rhode Island and Alternatives thereto.
It is available here: RIDLC – Guardianship and Alternatives to Guardianship