Too many cooks in the kitchen? Joint and alternate Guardians and Trustees

When a family is discussing who should be someone’s Guardian and Trustee for a disabled adult child the discussion starts by choosing who wants to be involved. It can be a lot of work to take on these roles and it is important to have family members who have the time to commit. Immediate family members have priority to take over these roles but with agreement, anyone can become involved as a Guardian/Trustee of a disabled adult.

Often families will want to have co-guardians and co-trustees for a disabled adult child. The idea is to share the responsibilities between two people. Normally the parents of the child will become the co-guardians and co-trustees.  When having co-guardians and co-trustees clients often want it to state in the court order that they can act independently. Otherwise, the guardians/trustees will need to go to meetings, sign documentation, and make all decisions together. This can create a lot of difficulties for busy clients who are juggling work, their children, and their personal lives.

The downside of allowing guardians and trustees to act independently is that one person can make a decision without involving the other. Co-guardians and co-trustees should ensure they discuss their intentions to make decisions with each other to avoid disagreements.

Alternate guardians and trustees should be appointed whenever a guardianship and trusteeship is obtained. Alternates only have authority to make a decision for an adult if the primary guardians and trustees die or become mentally incapable of acting. If a primary guardian/trustee goes away on holidays the alternates don’t have any ability to formally assist the adult. It is still a good idea to appoint alternates just in case something happens to the primary guardians/trustees.

When you are trying to decide who should the primary or alternate guardians/trustees it is a good idea to discuss who has the time to commit to the role, who works well together, and what everyone has in mind of the management of the adult’s affairs. Earnest conversations at the start of the process will avoid problems and disagreements down the road.