If you have a loved one with special needs, you probably already know how important it is to make sure they’re properly supported – not just today, but in the future as well. One of the most critical pieces of that long-term planning puzzle is guardianship.
Guardianship gives you (or another trusted individual) the legal authority to make important decisions on behalf of your loved one when they are unable to do so themselves. But guardianship isn’t automatic, and it’s not something you want to navigate without a clear understanding of what’s involved.
Why Guardianship Matters for Special Needs Adults
When a child with special needs turns 18, the law typically sees them as an adult – regardless of whether they’re actually capable of handling adult responsibilities like managing finances, making medical decisions, or living independently.
Without a legal guardianship in place, you might lose the right to:
- Access their medical records
- Make healthcare decisions for them
- Manage their finances
- Protect them from entering into unsafe contracts or agreements
Even if you’re their parent, once they’re legally an adult, your authority over their major life decisions ends – unless a court grants you guardianship.
This is why it’s so important to start thinking about guardianship before your child turns 18. But guardianship isn’t just for young adults. It can also be crucial for older family members who develop cognitive impairments due to conditions like autism, cerebral palsy, Down syndrome, or traumatic brain injuries.
What Exactly Is Guardianship?
At its core, guardianship provides a legal safety net so that your loved one is protected from the realities of the outside world (as well as protected from themselves).
“Family members can petition the court to name a guardian in situations where an adult is not capable of making decisions or when a child with disabilities reaches adulthood,” Mette Attorneys at Law explains. “Whether permanent or temporary, guardianship establishes an individual who is given the legal authority to act on behalf of another person. Guardians are responsible for day-to-day living issues, expenses, and health care.”
In short, guardianship gives you the power to act in your loved one’s best interest – ensuring their needs are met and their rights are protected.
Not every guardianship looks the same, and that’s a good thing. You want a solution that fits your loved one’s needs without unnecessarily restricting their independence.
- Full Guardianship: You make all major decisions on behalf of your loved one – medical, financial, educational, and more.
- Limited Guardianship: Your authority is limited to certain areas where your loved one truly needs help, allowing them to maintain as much independence as possible.
- Temporary or Emergency Guardianship: Appointed in urgent situations where immediate decisions need to be made.
Choosing the right type depends on your loved one’s abilities, needs, and personal preferences. A limited guardianship is often a great option if they can handle some responsibilities but need help with others.
How to Start the Guardianship Process
Setting up guardianship involves filing a petition with your local court, attending a hearing, and providing evidence that your loved one is unable to manage certain aspects of their life independently.
Here’s a basic overview:
- File a Petition: Submit paperwork outlining why guardianship is necessary.
- Provide Evidence: Medical evaluations and professional testimony may be needed to support your petition.
- Court Hearing: A judge will hear arguments and decide whether guardianship is appropriate.
- Assignment of Guardian: If approved, the court will formally appoint you or another responsible person as the legal guardian.
Keep in mind that courts take guardianship decisions very seriously. You’ll need to demonstrate that guardianship is truly in the best interest of your loved one, and that less restrictive alternatives aren’t enough.
This is why having an experienced guardianship attorney on your side can make the process much smoother. They can help you prepare the proper documentation, represent you at the hearing, and make sure you’re approaching everything by the book.
Guardianship Isn’t One-Size-Fits-All
It’s important to remember that your loved one’s situation might change over time. In some cases, a person who needed full guardianship at one point could eventually transition to a limited guardianship – or even regain full independence.
Guardianship can also be structured with multiple people involved. You might be named as the primary guardian, while another trusted family member acts as a co-guardian or successor guardian in case something happens to you. Flexibility is key, and you’ll want a guardianship arrangement that reflects your loved one’s current and future needs.
Alternatives to Guardianship
In some situations, less restrictive options can provide what is needed without feeling overly rigid. These might include:
- Powers of Attorney: If your loved one has sufficient mental capacity, they can sign a power of attorney granting you authority to help manage their affairs.
- Supported Decision-Making Agreements: Some states allow formal agreements where individuals with disabilities choose supporters to help them make decisions – without removing their legal rights.
- Representative Payee Services: For managing Social Security benefits without a full guardianship.
Adding it All Up
Guardianship is a big deal for people with disabilities. As they age out of the system and become adults in the eyes of the world, guardianship gives you the legal ability to continue providing the support and structure they need. If this is something you’re currently working through, be sure to speak with an attorney sooner rather than later.
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