A person turned 18 some time ago and his parents haven't started filing for guardianship until now. I've heard that by law if parents haven't filed for guardianship before the child turns 18, the child is technically his own guardian, although I'm not sure if this is accurate. However, my question is this.

If someone's parents file for guardianship and go to court, will the parents need the child's consent to become the child's guardians?

  • 2
    In what country are you asking about?
    – Ron Beyer
    Nov 30, 2018 at 1:46

1 Answer 1


In the United States, the answer is no.

The entire point of guardianship is that the ward is not competent to make legal decisions himself; the court appoints the guardian to consent to things on the ward's behalf.

So the parents wouldn't need the child's consent, but they would need to demonstrate to the court that the child is incompetent to make legal decisions and that they are the best people to serve as guardians.

To the best of my knowledge, granting guardianship over an adult is almost always limited to cases of serious mental incapacity, such as a vegetative state, mental retardation, Alzheimer's, etc.

Is someone is aware of guardianship and researching it online, that is probably a good sign that the person is not a candidate for guardianship.

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