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Advocacy Guide: Part 5 © COFAR Advocacy Guide 2005, All rights Reserved Guardianship This fifth section of this Advocacy Guide is intended to give family members and guardians detailed information on DMR policies and procedures regarding guardianship, its importance to the process of effective advocacy, and the steps needed to be taken to become a guardian. This section is intended for family members and guardians of persons who have been determined to be eligible for DMR services. If your ward or family member has not yet been determined to be eligible, please link to Section 2 on Getting Services (Determining Your Eligibility). This section is also intended to supplement Section 1 on Advocating Effectively on Behalf of Your Family Members and Wards. It should also be read in conjunction with Section 3 on Protections for Ricci Class Members and non-Class Members and Section 4 on Individual Support Planning (ISPs). NOTE: There are numerous DMR regulations cited throughout this guide in order to best assist you in your advocacy efforts. Be aware, however, that regulations are subject to change by DMR and regulatory citations can become outdated. We will strive to keep this guide as up to date as possible. The full text of all DMR regulations can be found on the DMR website at www.mass.gov/dmr/. The Importance of Guardianship Becoming a guardian of a person with mental retardation can be critically important in ensuring that the person receives comprehensive care and services in the DMR system. The appointment of a guardian legally fixes the status of the ward as a person incapable of caring for or managing their personal and financial affairs. The guardian's responsibility includes making decisions in the best interest of the ward and of no one else. The guardian is required to manage and dispose of all of the ward's personal property according to law in the best interest of the ward and to provide for the care of the ward. If you are a family member of a person over 18 with mental retardation and you have not been appointed the person's guardian, you should strongly consider becoming their guardian if you believe they are unable to manage either their personal or financial affairs, or both. There are a few key points to understand about guardianship and its importance to the care of persons in the DMR system: · Once a person reaches the age of 18, that person is considered competent to manage his or her own personal and financial affairs. · If the Department of Mental Retardation determines that a person over 18 is not |