Legal Question in Wills and Trusts in Alaska

Re: gaurdianship of over 18 handicaped child

Your son can have a disability but not be incompetent. Guardianship can be divided into 2 parts--Guardian of the Person, and Guardian of the Estate (money). Guardian of the Person requires that the person be unable to take care of themselves. Guardian of the Estate covers when someone cannot take care of their own finances. She may be trying to get either or both. If your son resides in Ohio, then Ohio law will cover the guardianship. If he lives in Arkansas, then Arkansas law will apply. At age 18, your son can establish residency where he choses. Many agencies will recognize a "Personal Payee" status where that person would receive money on behalf of your son. This is typically better for your son (if he cannot handle his finances) because he is not giving up his legal rights as would occur in a guardianship. A guardianship requires annual reportings to the court, maintaining detailed expenditure tracking, a bond, and biannual physical exams in Ohio. It is more costly and restrictive than other possible arrangements so I would encourage your wife not to jump to quickly.