Guardianship
Coming of age at
18 for a young adult with a disability poses many new challenges that
a family needs to consider. For students with or without disabilities,
the age 18 affords all the rights and responsibilities normally associated
with adulthood. For our young adults, this would include approving
their own IEP, making decisions about and authorizing medical procedures,
registering for the draft (if male), authorizing the release of confidential
records, and applying for any services that may be appropriate (such
as SSI, etc.).
For many young adults, this is just as it should be, as they are
capable of making informed choices when presented with complex issues.
For others,
there may be some parts of their life that they can make decisions for
themselves and some parts where they need guidance (partial guardianship).
For others, another adult may need to be appointed by the court to make
virtually all decisions (financial, medical, legal) on the young adult’s
behalf (court-appointed guardian).
Guardianship is a legal arrangement whereupon an individual (or ward)
is formally declared by Probate Court to be “incompetent” or
unable to make certain decisions for themselves. The court then appoints
another adult to make such decisions. The appointed guardian is often
a family member, but, if necessary, the guardian can be from a public
guardianship agency. Guardianship can be shared between co-guardians
and it can also be temporary. Guardianship can be full (covering most
aspects of the individual’s life) or partial (covering the aspects
spelled out in the court decree).
Another legal option to consider is Power of Attorney. This is a legal
document that must be notarized, in which a person delegates to someone
else a part of their authority to make legal and or medical decisions.
Regardless of the level of disability, your young adult will
have all the rights and responsibilities afforded to other American
citizens at
age 18, unless a court has declared differently. If you feel your child
will need assistance making decisions, you should explore the different
options with guardianship and the process to apply and, if appropriate,
submit an application through your county probate court when your child
turns 18 years old. It does not automatically happen.
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