Overview
Guardianship in a legal context refers to a relationship in which a designated guardian is given the authority to make decisions for a ward whose ability to safely and rationally make decisions for themselves is compromised.
Courts can grant various levels of guardianship as a result of substance use:
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Emergency or Temporary Guardianship: this often lasts 30 to 90 days in crisis situations like overdose risks or medical neglect in order to guide someone into treatment facilities, sometimes coercively
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Limited Guardianship: this might allow a guardian to have control over some areas of life like medical decisions while allowing the ward to keep independence in all other areas of life
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Plenary Guardianship: this givens the guardian complete legal authority to manage all areas of someone’s life, including residential and medical decisions
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Conservatorship: this is often given alongside guardianship, with the distinction being that a conservator can be allowed to manage someone’s finances to prevent them from spending their resources on substances
If someone struggles with chronic substance use is able to enter treatment and maintain sobriety, the orders concerning guardianship can be petitioned for removal or dissolution. The details of how this works varies enormously by regional legal jurisdictions.