guardianship and employment


We have limited guardianship over our adult son. Mostly for medical, not for financial or where he can life. One worry our son has is that the guardianship will come up if he applies for a job and they do a background check. Anyone know if guardian ships come up during employment background checks and if they can be a reason to refuse employment?
I have not been posting much in recent years. Things have been going okay, but releasing your 'child' with a lifelong disability into the world is hard. So much uncharted territory.

in a daze

Well-Known Member
Wouldn’t HIPPA come into play, if the guardianship is only for medical? Just a thought.

It looks like your son has similar issues to ours.


Well-Known Member
I too think HIPPA might come into play.

Without releasing excessive detail, can you say a little about how this came about and the benefits of doing this? Thank you.


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When Sis was Guardian, she was the one who got the medical info. It was like Nephew was still a minor because the court agreed that due to his disability he could not make good medical decisions that adults make. My Sis could have opted for a guardian who was not related too, but Nephew wanted her to do it. Basically Nephew was a legal minor so HIPPA did not come into play.

Nephew improved and no longer needed or wanted a guardian at all. His Case Manager agreed. They all went to court, Sis too, and Judge removed the guardianship. The only thing left of any obvious help is a Payee to pay all his bills for him. This is something Nephew would have trouble doing. Nephew knows this and is not fighting it. But Nephew does not have a rebellious, defiant personality so he tries to cooperate with what is best for him.He does get a say but has to prove he is capable of each step. This has helped Nephew as he matures more slowly. However he does better and better.

This is all I know.




Hi Frieda, I Googled the subject and found the above site. It explains that it is the employer who has to specify which background checks to do. There is no background check company that provides everything about someone’s background so, if the employer wants a criminal check they have to request that, credit check, same, etc. so they may have to request several different ones. Most employers are looking for previous employment, criminality, and sometimes they will check credit.

I doubt that the type of background check an employer would do would reveal guardianship issues, or if they are even a source of easily accessible information. But in the event employment is denied due to a background check, the prospective employee has the right to review that decision, dispute if necessary and even put something in writing into the report. In any event, the prospective employee always has the right to request a free copy of the report.

As a former guardian myself of a minor child, I got help sometimes through the family court that was handling the guardianship. Perhaps someone at the court can help with your question. Good luck.


Thank you, all. This is helpful. I hope being under guardianship will not trip him up. I honestly had not considered that my son would ever receive a job offer for non-supported employment. With benefits nonetheless. And I know that getting a job is one thing, keeping it is another. As his mother I find it hard to strike the right balance between providing support yet getting out of his way so he can be as independent as possible. Thank you again.


New Member
My heart is out to you. It would seem you have done all you can, yet as I have, get caught up in the next step, which is up to our kids. I am constantly battling this, but go back to taking back my own control. This is an adult. Can I say I have done all I could? If the answer is yes, you must please focus on self! So many folks here resonated with me, as their kids were holding them as emotional hostage. That can't if you refuse to let them, and you can set healthy boundaries.
Before you think wow this chick has it together, pls know I spent a day in bed sobbing. Morning is so hard, when a Narcissistic daughter tortures you with emotional hostage content of an innocent grandson. But today, my younger daughter is off for a week and I invited her to lunch. She blew me off, so NOT like her. I truly believe she is afraid of pissing off her sister, as she loves her sweet nephew as do I. YET. I can now see that my eldest is leveraging her child like a pawn in a game. How can others not feel they are one step away from her controlling BS. I am SO ashamed at her behavior, but when her Dad and I divorced after his affair ( I took care of him when he had cancer at this time, so he could choose from a place of wellness) am still and ever friends with his first ex wife and my step daughter, as are my kids. I don't need a fricken medal. But I blended a family, never ever kept any family, including my in laws and ex away for them for a minute! Always hoped for the best.

My mom was abusive to me and my siblings. Neither of them have kids. When I has my first kid, 30 years ago, I prayed my mom could perhaps be a better Grandma than a MOM. I brought them to visit my Dad and Mom. Within 11 years, they begged not to go there as "Nana" made them so very uncomfortable. Continued visits with my Dad when he was at a CP Traumatic Brain Injury place. They adored him.

I lost both my parents within 4 months

Bottom line - God this I a very strong, but some days I sure don't feel it. Keep the faith, my dear and please take good care of YOU. big hugs -