Guardianship of adult autistic son
Full Question:
Answer:
All states require that any person seeking the legal status of guardian of another person must prove in court that the other person is incapacitated, and that the nominated guardian is an appropriate person to act as guardian. Also, a guardian acts under the supervision of the court that appointed the guardian. The reason behind this universal procedure is the 5th amendment to the US Constitution; the 5th amendment, in relevant part provides that "No person shall be * * * be deprived of life, liberty, or property, without due process of law * * *." The 5th amendment by judicial doctrine applies both to the federal government and to the states. An order appointing one person as guardian of another (known as the "ward" or the "protected person" is a deprivation of liberty. For that reason, every state requires, and as a matter of constitutional law must require, a legal proceeding and generally a court hearing before appointing one person as guardian of another.
Many states by statute establish a statutory priority for appointment of guardians. Parents generally are given a high if not the highest priority under those statutes.
The procedure for appointment of a representative payee to administer the funds paid to an SSI recipient is entirely separate and apart from a guardianship and/or conservatorship proceeding in any state court. The fact, however, that your son has qualified for SSI status with the Social Security Administration is relevant to the issue of his incapacity. Every SSI recipient is less than fully capable of being self-supporting. Effective January 1, 2009, the Federal SSI benefit rate is $674 for an individual.
The links below contain additional information about guardianship proceedings, representative payees, supplemental security income, Nebraska guardianship websites, and Nebraska guardianship lawyer referrals.
