Tenant - Legal Dependent Over 18 / Ward of State

[Stephen Anthony]

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!

[Deanna McCormick]

@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.