Is Guardianship Right For Your Child?

When a young adult approaches his or her 18th birthday, parents worry about how they can continue to support their child once adulthood becomes legally official.  

For the uninitiated, when teens turn 18, they can make legally binding decisions for themselves — without their parents — and parents lose access to medical, financial, and school professionals and records. Parents cannot remain involved in medical and therapeutic relationships without specific consent (or guardianship) of their new adult child. For us parents of children with disabilities, this is an unnerving prospect!

Our team believes that a thorough conversation about “Decision Making Considerations” is an important place to start.  Guardianship is just one decision-making tool; Powers of Attorney are also on the table as a less restrictive option.  Even formal Guardianship can be customized (or “limited”) to cover very specific areas of a person’s life (you can read more about our Firm’s Guardianship Process here). We believe in protecting our loved ones with disabilities’ independence and dignity as safely as possible.  

Considerations

When considering any decision-making tool, whether it be Guardianship or Powers of Attorney, parents should consider: 

  • Does my child understand the value of money? Concepts of credit and using a debit card? Can my child count change accurately?
  • Can my child take medications correctly without reminders? Could he or she attend medical appointments alone and ask the provider appropriate questions? Remember the important details of a doctor’s visit? Make reasonable treatment decisions?
  • Does my child know what to do in an emergency?
  • Do you need access to medical personnel when your child is not available to give consent?
  • Is my child too trusting of others? Has he or she given/lent money? Understand the need to be guarded with strangers?
  • Is it possible that my child will drive?

Contact Our Team

Each person with special needs is unique — there is no one-size-fits-all approach to decision making. Our team can guide you to the right tool for your child and family and help relieve the understandable anxiety you are feeling about this new milestone. The process of formal Guardianship can take a few months to complete, so plan to begin several months before the 18th birthday. 

Click here to consult with us about the young adult in your family.

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