If you are a parent of a child with a disability and your child is about to turn 18, this can be a scary time. You may be aware that once a child turns 18, they are a legal adult and are presumed to be capable of making decisions and exercising rights on their own. This means that you, as the parent, will no longer be able to make decisions for your child regarding their finances, healthcare, or education.
In order to remain an active advocate for your child and to be included in conversations regarding their finances, healthcare, and education, you should file for a guardianship over your child. A Guardianship is a legal proceeding where a person, typically a family member, asks the court to find that the adult child is unable to effectively manage their affairs due to their disability.
To obtain a guardianship, you must petition the court. The petition must include all basic facts, including the petitioner’s relationship to the person who will be under the guardianship as well as a brief description of the ward’s disability. The description should include how the disability affect’s the person’s ability to make decisions. Following the petition, there will be a hearing before a judge. At this hearing , you must present sufficient evidence of the need for a guardianship.
A guardianship doesn’t completely eliminate your child’s ability to make decisions for themselves; rather, it provides you the opportunity to continue to support their self-sufficiency.
Having a guardianship over your adult child allows you to continue to support them and assist them in their everyday lives. You will, with a guardianship, be able to assist them in maximizing their independence. Without a guardianship over your eighteen year old, you lose the ability to speak with their doctors and care providers, communicate with insurance companies on their behalf, coordinate benefits, and assist in managing their finances and assets.
In order to ensure that your petition is done correctly and that you are maximizing your chances of continuing to be an advocate for your child, you should speak to a reputable attorney with experience in guardianships. Your attorney will be able to assist you in the petition and in any court hearings that follow.