How can I obtain guardianship of individual?


My husband and I currently have permanent guardianship of our 17 year old grandson. The issue is when he turns 18 years old we have been informed this expires and we will have to go before the Courts again. He has been diagnosed with Autism, ADHD and Mood Disorder Unspecified. Also, history of PTSD and Oppositional Defiant Disorder. He is unable to complete life decisions, is easily persuaded by others into unfavorable decisions (some of the students who realize he is different take advantage of him by taking his treasured items/money and saying they will return them but never do/he responds by protecting the individual who tried to cause him harm.) He is unable to manage money (cannot decipher change and will walk away from the cashier if he presents her with $10.00 bill and the item was say $6.00. He feels he can buy anything no matter what the cost and no matter amount of explaining he doesn’t seem to understand). Our question is how do we pursue this? Is the current guardianship valid until the new order in place or because it states permanent guardianship do we even need to pursue another one?


A guardianship for a minor ends when the minor turns 18. You will need to petition the court for an adult permanent guardianship.  He will receive a notice about the petition. His doctor will need to certify that a guardianship/conservatorship is needed based on his mental abilities. Your grandson will have the right to object. You should begin this process well before he turns 18. I suggest you retain an attorney to help you.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

The family law attorneys at the Beliveau Law Group provides legal services for probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.


Email us now
close slider