What Can't an Adult Under Guardianship Do?

Guardianship is a legal arrangement designed to protect adults who lack the capacity to manage their own affairs. While this arrangement offers important support, it also comes with significant restrictions. In this article, we will explore the various limitations that adults under guardianship may face.

Decision-Making and Legal Restrictions

Adults under guardianship often find themselves with highly restricted decision-making capabilities. Here are some of the key things an adult under guardianship cannot do:

Housing Decisions

Because the housing situation is managed by the guardian, an adult under guardianship cannot make decisions regarding their housing. Housing regulations and situations can be extremely complex, and the guardian's name is typically used in housing-related matters. Therefore, the adult may not fully understand these details.

Clothing and Fashion Choices

While adults can choose to wear what they prefer, they are not allowed to wear anything that might be seen as inappropriate or ridiculous in public, such as pajamas outdoors. This is done to maintain public decorum and safety.

Financial Decisions

The right to make financial decisions is significantly limited. Financial decisions are complex and depend on the capacity of the individual. An adult under guardianship might spend money impulsively, leading to debt, or oversave, depending on their financial stability. Online banking is also off the table, as there is a risk of accidental spending on the guardian's account, legal issues, and identity fraud.

Medical Decisions

Adults under guardianship cannot make choices about their own medical treatment or medication. Medication decisions can have serious consequences, including overdose, increased suffering, or death. Treatments that may benefit the adult are made by the guardian to ensure the best outcome.

Relationships and Sexuality

Adults under guardianship cannot enter into relationships, marry, or engage in sexual activities. Marriage is only for those with capacity, and the guardian makes these decisions to ensure the adult's safety and stability. Engaging in sexual activities can also lead to legal issues and is therefore prohibited.

Educational Programs

The ability to choose educational programs, such as attending college or university, is also limited. These programs can be demanding and overwhelming, potentially leading to mental strain. The guardian makes decisions to protect the adult's mental health and well-being.

Identity and Name Changes

Adults under guardianship cannot legally change their name or identity unless the guardian gives permission. This is to ensure that decisions about the adult's identity are made with their best interests in mind. Amendments like deed polls require parental consent due to the adult's lack of capacity.

Voting

Adults under guardianship are generally not allowed to vote, as it is influenced by their limited capacity to understand political parties and their platforms. Voting decisions are typically made by the guardian based on the adult's best interests and the guardian's own beliefs and knowledge.

Access to Toxic Influences

The guardian must ensure that the adult does not have contact with toxic individuals or places. While the adult can see people they are permitted to, they are not allowed to be in the presence of individuals who could harm them, such as in cases of mate crime, coercive control, or other negative influences.

Travel and Pet Ownership

The guardian must plan and supervise travel for the adult. The adult cannot go to places they are not familiar with, as this could lead to complications such as abduction, going missing, or exploitation. Similarly, adults under guardianship cannot own pets as it requires a significant amount of responsibility.

Contracts and Personal Affairs

The adult cannot handle contracts or other personal legal affairs. Care must be taken to ensure that these matters are managed appropriately to avoid complications that could arise from poorly understood agreements.

Babysitting and Caregiving

Babysitting and becoming a caregiver are not options for adults under guardianship. Babysitting involves significant responsibility, and adults under guardianship are not capable of fulfilling these roles.

Deciding on Caregivers

The guardian is responsible for deciding who will care for the adult. If the guardian is incapacitated or unable to continue, a replacement guardian or a Guardian Ad Litem is appointed. The adult has no say in who takes care of them.

Funeral Planning

Even the decision to plan a funeral is limited. While the adult can participate in discussions and make some decisions with the guardian's consent, the final arrangements are typically made by the guardian.

Conclusion

Adults under guardianship face numerous limitations, and their rights are severely restricted. The extent of these limitations largely depends on the capacity of the individual and the guardian's actions. While guardianship can provide essential support, it is crucial to maintain transparency, trust, and the best interests of the adult at all times.

In the wrong hands, guardianship can be a tool for abuse. It is important to monitor guardianship arrangements and ensure that they are carried out ethically and responsibly. If abuses are identified, guardians should be removed or replaced to protect the adult's well-being.

Guardianship is a highly sensitive issue, and understanding and navigating the legal restrictions can be challenging. If you or a loved one are navigating this process, consulting with legal and mental health professionals can provide valuable guidance and support.