Create Positive and Beneficial Changes for ADULT Guardianship and Conservatorship

Create Positive and Beneficial Changes for ADULT Guardianship and Conservatorship

May 5, 2022
Signatures: 183Next Goal: 200
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Why this petition matters

As a parent and legal guardian/conservator of a mentally ill adult, it has come with many challenges, especially when he has ran away or "disappeared" as law enforcement puts it. Yes, he is an adult. I get it. However, if the courts have deemed him or any other person incapacitated to make quality decisions, then why isn't this determination acknowledged without hesitation across the United States? If I move to a different state or my child "disappears" to a different state, Why do I need to transfer guardianship and/or conservatorship for said state to recognize it? If a mentally incapacitated person is in crisis, why does that person have to be a harm to himself or others before law enforcement detains them? Do we have the power or do they? The court says the the guardians and conservators do. But in my experiences I beg to differ. Listed below are the changes that I would like to see. We can make a difference one signature at a time.  

1) Guardianship should be universal. When guardianship is granted in a particular state and the guardian and/or the person who is receiving guardianship moves to another state, the guardian should not have to petition the Probate court in the new state/county for a transfer of venue.

2) If the guardian identifies clear signs of deterioration – whether the adult person is acting out or not, it should be at the discretion of the guardian to have that person committed to a mental health facility without having to petition the Probate court for approval, especially after the adult person is missing.

3) When an adult person is missing, it should be mandated that the local police department treat the situation as any other missing persons case, regardless that the missing is an adult, especially when guardianship is established.
a) The current protocol upon petition approval from the Probate court is to deliver notice to the Sheriff’s Office for a warrant to be issued. Said warrant is only active for a week. The Sheriff’s office does not actively look for the person unless the guardian has an idea of the missing persons whereabouts.
b) There should not be an expiration date for the warrant if the person is still missing. The Sheriff’s office and local PD should partner to actively look for the adult missing person.

4) When the police are called for an adult missing person (nationwide), and the missing person is approached, if the police determine that the person is not a threat to themselves or to others, it should be mandated that the missing be detained on the grounds that there is guardianship established.

5) When a family or individual needs to call the police for a diagnosed or suspected undiagnosed person in crisis, it should be common knowledge to the caller and dispatcher to  request a C.I.T. team or other mobile psychiatric service.
a) All officers should have mandated C.I.T training regardless of a designated team is established within their PD or not.

6) When an adult person in crisis is sent to the hospital for evaluation, they should never be released on their own recognizance.

7) When a potential guardian has documented medical history of the adult persons behavior and/or diagnosis, the Probate court should not cancel or dismiss the petition due to lack of erratic behavior within a certain window of time immediately preceding the court hearing.

8) If a guardian moves to another state with the person, adult or otherwise, the Medicaid transfer process should be seamless and not take 30 plus days to become effective.

9) When a medical diagnosis has been determined for an adult person with mental health issues, a payee should be immediately established with proper medical documentation, without the consent of the adult person in crisis, as soon as SSI is applied for.

To date, I have spoken with numerous people who are experiencing the same or similar experiences and feel that their voices are not being heard. I plan to change that, and I need YOU to help me do it!




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Signatures: 183Next Goal: 200
Support now