Adult guardianships are often contentious legal matters. One person attempts to prove in court that another adult is incapable of living independently and acting in their own best interests. Those with debilitating medical conditions may require the support of a guardian to ensure their day-to-day safety or manage their resources.
People requesting involuntary adult guardianships in court need evidence affirming that the situation warrants guardianship. What types of evidence may the courts consider in a guardianship litigation scenario?
1. Medical records
Certain medical conditions are likely to leave people incapable of living on their own. Different types of dementia leave people reliant on others for financial and practical matters.
Debilitating injuries and mental health conditions can also affect the capacity to live independently. Proof of severe conditions and problematic symptoms can help convince the courts that guardianship is appropriate.
2. Witness testimony
Family members, caregivers and neighbors are among those who may have witnessed an individual struggle to manage their own affairs or make dangerous decisions. People who can testify about unusual and unsafe conduct can help show the vulnerability of a vulnerable adult.
3. Financial records
Falling victim to fraud or mismanaging resources are both warning signs that an individual may not be capable of living independently anymore. Documentation showing that a vulnerable adult missed mortgage payments or conducted inappropriate financial transactions could convince the courts that they need help making appropriate decisions and managing their resources.
Those who have evidence of challenging circumstances and of unmet support needs can generally convince the courts that an adult guardianship is necessary. Partnering with an attorney can make it easier for people to collect evidence and to evaluate the strength of their case before they go to court.
