Guardians of Your Galaxy

My spouse recently introduced me to the movie series "Guardians of the Galaxy".  I tend to be pretty up-to-date on changes in the law and pretty behind-the-times on popular culture.  As a result I assume you, my readers, are ahead of me and familiar with these movies and perhaps their underlying comic book series. In case this assumption is wrong, it follows the exploits of a team of misfits who serve to protect and defend the galaxy (aka: space) from any and all threats.

The Galaxy is a pretty big place!  

Legally, the job of a Guardian is similar.

At birth, culturally we assume that a new baby is not responsible for itself.  In most cases, pre-determined folks called parents are tasked with ensuring that the new baby is fed, clothed, receives medical care, and financially secure.  (Of course, there are exceptions which are outside the scope of this explanation).  This period of other-reliance legally lasts for 18 years and naturally ends at a person's 18th birthday.  From that point forward, the former-baby is now self-reliant.  At least in the eyes of the government.

For most people, this works well.  From birth to our 18th birthdays, we learn to manage money.  We learn to cook (or to go through the drive-through ... whichever).  We learn personal care and to bathe and toilet ourselves.  And come our 18th birthday ... we accept the responsibility .... of ourselves.

But for others, to varying degrees, the above milestones prove elusive.  For some people, turning 18 means being saddled with responsibilities which, due to physical illness or mental competency, they cannot meet.  At the other extreme, as some people age or experience onset of illness, their ability to competently meet these responsibilities erodes beyond a minimally necessary level.  Our government's solution to these situations - Adult Guardianship. 

A Guardianship is where a qualified other 'Guardian' assumes the responsibilities to care for, protect, and defend someone, called a 'Ward', who cannot care for them-selves.  Guardianships range widely in scope and duration.  Courts are obligated to narrowly define the guardianship so that the ward retains as much control and self-determination as their level of development will allow.

Stick around for my next post for information on Guardianship of a Minor, and later this year I'll look at some of the questions a court must answer to create an adult guardianship relationship.