Tenant - Legal Dependent Over 18 / Ward of State

General Landlording & Rental Properties
9yFollow

Tenant - Legal Dependent Over 18 / Ward of State

Stephen Anthony
Rental Property Investor · Lincoln, NE · Member since 2013 · 91 posts · 31 votes

I have approved for leasing of my single family home two joint applicants. They are both over 18 years old, one is a ward of the state with an appointed legal guardian - as described to me by the other applicant. The other applicant is the caretaker of the legal dependent (and family friend), and is a contractor hired by a local company to do so (I reviewed this contract and spoke with the company during screening). I fully screened both applicants, though of course the caretaker had to fill out the online application for the legal dependent.

The question is, should I put the legal dependent on the lease? Or perhaps I should specifically not put said applicant on the lease, but request other documentation instead? Tenants 18 & under don't go on a lease, so maybe this is a similar situation - since said applicant probably can't legally enter into a contract, even with signature from legal guardian.

I talked to my law firm, but the attorney had nothing of value to add really. Wasn't sure if the legal dependent could go on a lease if it was signed by a legal guardian, suggested just not to. Didn't suggest any documentation I should ask for, just said it may be protected by a judge order for privacy purposes so I may not be able to get anything anyway. Ultimately said it's just a business decision to rent to them with the legal dependent not on a lease.

Guessing folks in the assisted living facility niche may have experience in this - your wisdom would be appreciated!

0Reply
71 views

Most Popular Reply

Deanna McCormick
Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
9y

@Stephen Anthony.. Got it.. So one lease, the caregiver is primary for income name is on lease first, the dependent adult is listed on same lease c/o the xxxx name (legal guardian) with note guardian authorized signature. 

Your purpose is to list every person living in the unit on the same lease. If the dependent was a minor child you would list the date of birth and minor child after their name, In this case the "dependent adult" isn't a minor but can't be responsible for financials so after his name I would list the guardian's name, so a person that is responsible for him is on the lease as authorized person to sign for him. 

For instance if you parent was in a care facility and you were responsible for their contract because they had dementia you would most likely have power of attorney, with that you'd sign your parents name and you be listed as POA.. so you would be authorized on behalf of your parent.

1Reply
See this reply in the discussion

5 Replies

Jump to latestLatest
  • Lois Ginter
    Rockford, IL · Member since 2016 · 126 posts · 48 votes
    9y

    Can you reach out to the caretaker's company and ask what the standard practice is for their other clients?  There must be others' in this situation.  

    0Reply
  • Deanna McCormick
    Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    Any person that is living in the unit should be listed on the lease. Usually for someone that has a caregiver living in the unit with the disabled person we would require that the company employees were screened for criminal by that company,we listed as tenant #2 on the lease as  "Authorized caregiver of XXX Company Name" as tenant #2, as a caregiver, because they usually wouldn't stay the entire day with the person, this permitted a rotation for the caregivers and worked out fine for us, as the caregiver wasn't financially responsible for the rent. 

    If the disabled adult needs a legal guardian, he legally can't enter into any contract by himself, he needs the guardian to sign the lease as such, you should get a copy of his guardian ship paperwork.

    He would be listed on the lease as a tenant c/o Guardian __________name.

    Financials were usually guaranteed by guardian and income was per disabled adult to qualify. If guardian was co signer also for financial they would have to fill out and be qualified for income.

    0Reply
  • Stephen Anthony
    OP
    Rental Property Investor · Lincoln, NE · Member since 2013 · 91 posts · 31 votes
    9y

    @Lois Ginter That's a great idea, thanks for the suggestion.

    @Deanna McCormick This is all starting to get clearer, thank you. In this situation, the caregiver is actually the main person renting the home, and will live there full time with the dependent adult. So the caregiver is fully on the lease and financially responsible. The dependent adult has no income but sounds like from what you're saying would need to sign their own lease as well, in care of and signed by their guardian. Anything I'm missing?

    0Reply
  • Deanna McCormick
    Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    @Stephen Anthony.. Got it.. So one lease, the caregiver is primary for income name is on lease first, the dependent adult is listed on same lease c/o the xxxx name (legal guardian) with note guardian authorized signature. 

    Your purpose is to list every person living in the unit on the same lease. If the dependent was a minor child you would list the date of birth and minor child after their name, In this case the "dependent adult" isn't a minor but can't be responsible for financials so after his name I would list the guardian's name, so a person that is responsible for him is on the lease as authorized person to sign for him. 

    For instance if you parent was in a care facility and you were responsible for their contract because they had dementia you would most likely have power of attorney, with that you'd sign your parents name and you be listed as POA.. so you would be authorized on behalf of your parent.

    1Reply
  • Stephen Anthony
    OP
    Rental Property Investor · Lincoln, NE · Member since 2013 · 91 posts · 31 votes
    9y

    @Deanna McCormick That makes sense, thank you so much!

    0Reply
Join the conversationCreate a free account to reply, vote on answers and follow this thread.
Log InJoin for Free