Watching our loved ones age can be bittersweet. While wisdom comes with living a long, fulfilling life, so can challenges too. If your parents or grandparents are showing signs of mental or physical impairment that prevent them from making safe decisions for themselves, it might be time to consider adult guardianship.
Whether they’re struggling with dementia or an intellectual disability, healing from an illness or injury, or living with a severe mental illness that leaves them unable to care for themselves, adult guardianship can provide a safe path forward. One that helps protect the rights of vulnerable individuals and offers peace of mind to you and your family.
Continue reading to learn more about what exactly adult guardianship entails for families in New Mexico. Though the decision may be difficult and the process complicated, our team of qualified family law experts is here to support you through this transition with step-by-step guidance.
What is Adult Guardianship? What Does it Mean to be the Guardian of an Adult?
Adult guardianship is a legal arrangement in which one person, known as the guardian, is appointed by the court to make important choices on behalf of another adult who cannot care for themselves.
While this arrangement may seem complicated, it can be relatively straightforward in practice. For example, if your parent was diagnosed with something like dementia or Alzheimer’s, you might consider becoming their adult guardian. As the guardian of an adult, you would then be responsible for making decisions about their healthcare, finances, living arrangements, and daily care needs.
The legal process for adult guardianship can vary, but in New Mexico, the court is responsible for evaluating whether a person is indeed incapacitated to the point where they need a guardian. If the court determines this is the case, it will appoint a guardian to assume responsibility for their welfare.
When is Guardianship of an Adult Necessary?
Currently, an estimated 6.9 million adults aged 65 and older are living with Alzheimer’s or dementia, and this number is expected to rise. Despite the widespread nature of memory loss and cognitive decline, however, adult guardianship cannot be implemented with a templated approach.
Each individual has specific needs and challenges, and diseases like Alzheimer’s are not the only cases in which becoming the guardian of an adult is necessary. Before deciding whether or not adult guardianship is appropriate for your circumstances, take a closer look at some of the most common situations that call for this kind of legal arrangement:
1. Mental or Physical Disabilities
Adults with intellectual disabilities or physical impairments can, in some cases, struggle to make critical decisions, manage finances, or even care for their personal needs. Some developmental disorders can even limit an individual’s ability to manage day-to-day life effectively.
In these cases, adult guardianship may be required to preserve and protect their personal and financial matters.
2. Sudden Illness or Injury
A sudden stroke, traumatic brain injury, or other health-related event can leave an adult temporarily or permanently incapacitated. In such cases, a guardian of the adult can step in when the person is no longer able to care for themselves.
Whether the illness or injury is short-term or long-term, adult guardianship allows a trusted individual to manage essential tasks and make medical decisions on behalf of the person until they are able to recover — or for as long as necessary.
3. Cognitive Decline (e.g., Dementia, Alzheimer’s Disease)
Cognitive decline can be attributed to diseases like Alzheimer’s and dementia, as previously mentioned. However, conditions like Parkinson’s disease or severe mental illness can also severely impact an individual’s ability to make sound decisions. If an adult’s mental faculties have deteriorated to the point where they are no longer able to make informed decisions about their healthcare, finances, or well-being, guardianship might be necessary.
This process ensures that their medical and personal needs can still be met, while protecting them from potential abuse or exploitation.
How Does Guardianship Work in New Mexico?
Understanding the legal process of obtaining guardianship of an adult in New Mexico can alleviate some of the stress that surrounds the decision. Most families who move forward with adult guardianship can expect to follow these steps during the transition:
1. Filing a Petition
The first step is to file a petition in the appropriate court.
This petition requests the appointment of a guardian and includes detailed information about the person in need of guardianship and the reasons they are no longer able to make decisions for themselves. Working with a competent team of family law experts can help simplify both the filing process and subsequent steps toward adult guardianship.
2. Medical Evaluation
A medical professional will need to evaluate the individual to provide evidence of their incapacity. This evaluation is critical, as the subtleties of illnesses and cognitive impairment can determine whether or not adult guardianship is warranted in your unique case.
3. Guardian Appointments
For individuals who have suddenly experienced a form of decline or incapacitation, the court will appoint a Guardian Ad Litem who will serve as a temporary guardian. In many cases, this role is filled by an experienced attorney who is representing the individual in need of the guardianship appointment.
Permanent forms of guardianship are primarily reserved for adult individuals with intellectual disabilities. In these cases, the court will designate not one, but three individuals to evaluate the situation, perform assessments, and oversee the process. These designations include an official ‘court visitor,’ a professional healthcare provider, and the Guardian Ad Litem. Each will be required to file a report with the court to ensure a decision is made in the best interest of the individual. Once the reports have been submitted during the court hearing, the judge will appoint the appropriate form of guardianship for the individual.
4. Ongoing Oversight
The process continues even after a legal guardian is appointed. Guardians should be prepared to coordinate with ongoing court supervision to ensure that the guardian is acting in the best interests of the ward. This oversight is essential to protect against potential abuse or neglect of vulnerable individuals.
What Are the Different Types of Adult Guardianship in New Mexico?
The type of guardianship awarded will be dependent on the needs of the respective individual. In New Mexico, there are multiple forms of adult guardianship that can be tailored for each case:
- Full Guardianship: This gives the guardian complete responsibility for making all decisions related to the ward’s personal care, finances, and well-being.
- Limited Guardianship: In some cases, a court may determine that a person is only incapacitated in certain areas. For example, they may be able to make some decisions independently (like in regards to their personal care), and at the same time need a guardian to oversee their finances or medical care.
- Temporary Guardianship: This is another form of guardianship designed for emergency situations in which the incapacitation of an individual occurs very suddenly and requires the appointment of a short-term guardian until a more permanent situation can be established.
What Are the Benefits of Adult Guardianship?
Guardianship offers several key benefits, particularly for individuals who are unable to make decisions about their own health, finances, or personal care. Some of the most important include:
- Protection from Exploitation: Without a guardian, an individual may be vulnerable to financial exploitation, abuse, or neglect. A guardian ensures that both the individual’s assets are protected and that they receive the necessary care.
- Decision-Making Support: Guardianship provides an individual with a trusted person to manage their personal affairs, including healthcare, housing, and financial matters. This ensures that decisions are made in their best interests.
- Peace of Mind for Family Members: Guardianship can provide reassurance to family members who may be concerned about the safety and well-being of a loved one who can no longer manage their affairs.
How Long Does It Take to Obtain Guardianship of an Adult in New Mexico?
The timeline for obtaining guardianship can vary, but generally, the process can take several weeks to a few months. The steps include gathering medical documentation, filing a petition, scheduling a court hearing, and receiving the court’s decision. In urgent situations, temporary guardianship can be established more quickly.
Is Adult Guardianship the Only Option?
While adult guardianship may be the best option in some cases, it is not always the most appropriate choice. Alternatives to guardianship include:
- Power of Attorney: A less restrictive option, where an individual appoints someone to make specific decisions on their behalf.
- Supported Decision-Making: This allows individuals to maintain some level of independence while receiving guidance and support in making decisions.
Before pursuing guardianship, it’s important to explore all available options and consult with an experienced family law team to determine the most appropriate course of action for your loved one.
Adult Guardianship Can Make a Positive Impact on Families in New Mexico
The challenges that come with caring for a parent or loved one who can no longer make informed decisions about their lives are very real.
At Sutherland Family Law, our team of compassionate law experts specializes in guiding families through the adult guardianship process as safely and seamlessly as possible. Because we know that, whether due to illness, injury, cognitive decline, or disability, appointing a guardian to your loved one can help protect them during their most vulnerable time.
If you’re considering guardianship in New Mexico, don’t hesitate to reach out. It’s a difficult choice to make, and you shouldn’t have to navigate the legal complexities of it alone.