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At what age does legal guardianship end? Does legal guardianship continue after the dependent becomes an adult (age 18?)?

Southfield, MI |

We are dealing with health insurance - and coverage eligibility. An employee has a niece that (s)he has guardianship over. We just need to know when this would end -- if it is when she is 18, she would no longer be eligible to be covered under the employee's health insurance. If it ends at age 21, she could remain covered.

Attorney Answers 3

Posted

I am not an IL attorney, and you should consult one for a final answer, so my answer should be considered general guidance, not legal advice in your particular case. Also, my answer is not intended to create an attorney-client relationship and is not confidential.

Guardianship usually ends on the date the ward becomes an adult, unless the guardianship relates to an incapacitated person, not a minor. However, since the ward here is related to the employee (you did not day whether the parents are living) and may be a dependent even after reaching adulthood, the new health care reform law, which extends eligibility to 26, may be applicable. Again, you did not say whether you looked at that.

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Posted

Guardianship would terminate when the girl turns 18, unless she is disabled or otherwise legally incapacitated. If the insurance is based on her being the employee's ward, then she would no longer qualify.

As the other respondent mentioned, however, if she is deemed to be a "dependent" of the employee, and if she remains in school, he/she may be able to continue coverage on that basis. You should check your company's policy, as it may provide your answer, directly.

James Frederick

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Posted

Guardianship ends at age 18, unless, as the above posters mentioned there was incapacity.

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