What Is an Adult Ward of the State?
You may have heard the term “adult ward” and wondered what it could mean. It sounds like a confusing term, as most adults are fully self-sufficient and do not rely on a guardian. However, that is not always the case. What is an adult ward of the state?
An adult ward of the state is a person who has been legally declared incompetent to manage their own affairs and has been placed under the care of another person or organization. Wardship is a legal arrangement that is designed to protect individuals who are unable to take care of themselves or make decisions in their own best interests.
In this article, we will address what it means to be an adult ward of the state, what happens after becoming a ward of the state, and what that means for family members. Keep reading to find out!
Adult Ward of the State
An adult ward of the state is an adult who has been deemed incapable of caring for themselves. Many times, a family member is assigned to be the legal guardian of a special needs adult to help make financial, housing, and medical decisions. However, there are cases in which the adult ward no longer has family around who can be appointed to that position. In those cases, the state will assign a guardian to the adult ward to make those decisions in lieu of family.
How Is It Determined You Are Incapable of Caring for Yourself?
Many times, a counselor, doctor, or case worker will file a petition on behalf of the person needing care. There must be sufficient evidence that the person in question truly is incapable of caring for themselves. The persons filing the petition must also have proof that there is no capable family or friends that could take on the full-time decision-making responsibilities for this person.
Once a letter detailing all this information is made, a petition will need to be filed at the courthouse. From there, a hearing will be conducted in front of a judge to determine if becoming an adult ward is truly necessary for this situation. It is also required that the adult in question attends the hearing if physically capable. Most likely, the judge will want the adult to answer questions to deem if they are truly in need of becoming an adult ward of the state. If the judge views it as necessary that the adult in question needs legal guardianship, the judge will appoint a guardian.
Additionally, the adult in question has the right to be notified that a concerned person has submitted a petition for legal guardianship. The adult in question may disagree with becoming a ward of the state and has the right to prove themselves capable. They may bring in witnesses on their behalf and be cross-examined by an attorney. If the judge determines the adult in question is capable, the petition is dismissed.
The Kind of Situations That Dictate Whether You Are Incapable of Caring for Yourself
You may now be wondering what kind of situations are deemed proof of being incapable of caring for yourself. Many times, adults living with special needs no longer have living parents to take care of them. The majority of adult wards of the state fall into this category. There are, however, other categories. Elderly people who have degenerative brain diseases, such as dementia, do not have living relatives or friends to get their affairs in order. Adults suffering from mental illnesses, such as schizophrenia, may require guardianship as well. Many times, adults who suffer from substance dependency are so far into addiction that they can no longer be functioning members of society and have no living relatives. Therefore, a doctor may file a petition for the adult in question to become a ward of the state.
If the adult in question is not capable of cooking, grocery shopping, paying bills, working, or cleaning. A few examples, the judge may find a guardian necessary to give a better quality of life to the adult.
Who Becomes the Legal Guardian or an Adult Ward of the State?
The person who becomes the legal guardian of an adult ward will indefinitely have the ability to make legal, financial, and medical decisions on the ward’s behalf. In the state of Oklahoma, there is an order of priority for people who can become legal guardians to an adult ward. The list goes as follows:
- Individuals Nominated By the Adult Ward
- Current Guardian of the Adult Ward
- Individuals Nominated By the Current Guardian
- Spouse of the Adult Ward
- The Adult Child of the Adult Ward
- Parent of the Ward
- Sibling of the Ward
- A Person Living with the Ward for At Least 6 Months Approved By the Court
As you can see from the list above, the adult ward has priority choice over who becomes their legal guardian. However, as previously mentioned, the adult ward does not always have family or friends still living to nominate as their guardians. A current guardian also has the ability to nominate a new guardian to the adult ward. In this case, if the new person nominated agrees and the judge agrees, the petition is granted and the new person becomes the legal guardian.
What Are the Duties of a Legal Guardian?
A legal guardian of an adult ward must provide the ward with standard quality of life. This means that the adult ward must be cleaned, fed, and have access to all basic human rights. If at any time it is determined that the appointed legal guardian is not fulfilling their duties to the adult ward, they will be removed and a new guardian will be appointed. In extreme cases, if the guardian is found to have malicious or fraudulent intent, the guardian is subject to criminal prosecution. A legal guardian also accepts liability to the adult ward and the actions they may exhibit. For example, if the adult ward physically attacks another person or damaged private property, the legal guardian is found liable and even negligent for allowing the behavior to happen.
Are Legal Guardians Paid for Caring for Adult Wards of the State?
Yes, legal guardians do receive payment for caring for adult wards of the state. There are limits, however, to how much they are paid. The guardian may only receive five percent of the ward’s gross income. Additionally, the income received from the ward’s gross income is taxable and must be reported to the IRS. When a guardian is appointed to an adult ward, it is the guardian’s duty to take inventory of the estate and notify the courts and family members of all the assets that may be used to pay for the ward’s care.
Do Legal Guardians Have the Right to Sell the Estate?
The legal guardian does have the right to sell the estate, however, it must be approved in court. Any spending from the ward’s assets must be approved through the court if it is not part of the monthly allowance. The allowance is a monthly amount determined by the court. A legal guardian may spend money without approval from the court as long as it falls within the amount in the monthly allowance. A guardian must never mix their income with the ward’s estate without prior approval from the court. A guardian may close the ward’s bank accounts and move all funds to a new account to which they have access and can sign or endorse payments using the new account with pre-approval from the court. All expenditures must be cataloged for an annual report to the court.
The Estate
Additionally, a legal guardian must invest parts of the estate that the ward is not able to use immediately as support for care. The guardian must invest these parts of the estate in reasonable things and experiment with the money to invest in personal interest items. If the family of the ward is still living but refuses to become legal guardians, it is typically recommended that the legal guardian consults with the family on asset management and future investments. A legal guardian should work together with the present family to ensure the integrity of the adult ward is upheld. Even if the adult in question is no longer capable of doing so themselves.
As a guardian, if you have any questions about financial aspects, it is highly recommended to speak with your attorney or the courts. It is generally understood that becoming the legal guardian on behalf of an adult ward is a daunting task and not one to be taken lightly. There are plenty of resources available to provide help if needed.
Conclusion
Becoming a legal guardian is no small feat, and the amount of responsibility that they are accepting is staggering. Not only is it difficult for a legal guardian, but it can also be an extremely sensitive topic for the adult in question. It is hard to ask for help, but if you feel you are becoming incapable of overseeing your financial affairs or legal means, it may be time to look into obtaining a legal guardian. In this post, we have answered questions about what an adult ward of the state is, how you become a ward of the state, what a legal guardian is, and what kind of responsibilities a legal guardian accepts.
