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NC and SC Estate Planning and Elder Law Firm

Saturday, September 24, 2016

Mother Fights for Guardianship of Intellectually Disabled Daughter

How can a guardianship help protect my adult child who is unable to care for him or herself?

A South Carolina mother is struggling to regain guardianship over her daughter, who is intellectually disabled and unable to live independently.  The daughter had been sexually assaulted years prior, leading to a landmark Supreme Court ruling.  In the case, the Supreme Court held that the group home in which the woman was living had a duty to exercise reasonable care in supervising its residents.  The case was eventually settled.  Now, her mother faces allegations of misappropriating settlement funds stemming from her daughter’s court case and accusations that she has not visited her daughter in some time.  In the face of this controversy, the mother continues to fight to be re-appointed as guardian for her daughter.

Guardianships in North and South Carolina

A guardianship provides a legal means of protecting children and “incompetent adults.”  An adult may be considered incompetent if he or she cannot take care of him or herself or handle assets due to a physical or mental disability.  It is important for the parents of children with severe disabilities to learn about guardianships and how a guardianship could help to protect their child. 

While many parents may assume they will continue to be a guardian for their special needs child for the child’s entire life, under the law a child will be considered a fully competent adult upon turning 18.   Once the child turns 18, a parent will be unable to make decisions to protect their child from potentially harmful people or circumstances unless they seek a guardianship.  Exploring guardianship options early on will make the guardianship process smoother and ensure there is no gap in time during which your disabled adult child is without your legal protections. 

Monk Law Firm, PLLC assists clients throughout the Charlotte, Rock Hill, and Fort Mill areas.  We guide the parents or other relatives of disabled individuals through the guardianship process so that your loved one is in the best of hands.  Contact our guardianship attorneys today to schedule your consultation.  


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| Phone: 803-594-4453
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| Phone: 704-369-9977

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