As a young adult with special needs approaches age 18, his or her parents will need to decide whether to pursue an Adult Guardianship with the courts for the right to manage the child’s personal, financial, and medical affairs.
If a Guardianship is ultimately granted, the child will lose his or her personal autonomy and the ability to make independent decisions. For the majority of adults with special needs, this is a non-issue, as they depend on their parents to oversee every aspect of their day-to-day affairs and personal well-being.
However, there are situations when a young adult with special needs is high-functioning and capable of living a semi-independent life. In such cases, the parents may not wish to usurp all of the child’s legal decision-making powers, such as having the right to vote or the right to get married. Instead, the parent may look to file for a limited guardianship to retain control over certain aspects of the child’s life (such as making financial decisions), or the child may be able to appoint the parent as Power of Attorney and Healthcare Agent if he or she is capable of signing legal documents.
Is an Adult Guardianship Right for Your Family?
To determine if you should pursue a full or limited Guardianship for your child once he or she turns 18, answer “yes” or “no” to the following questions:
- Can the child communicate his or her needs clearly and accurately to others?
- Does the child have the ability to live independently, including the ability to perform chores, safely operate household appliances, and follow a schedule?
- Could the child independently make medical decisions regarding his or her care?
- Can the child properly administer his or her medications and does he or she understand dosing?
- Does the child have the capacity to give medical or psychiatric consent?
- Does the child have basic money management skills, such as paying bills, using the ATM machine, or balancing a checkbook?
- Is the child aware of dangers to his or her personal safety?
- Can he or she make balanced dietary and nutritional decisions?
- Can the child safely prepare meals?
- Does the child have the capacity to enter into a romantic relationship or marriage?
- Can the child independently maintain personal hygiene?
- Does the child have the capacity to safely own weapons?
- Is the child able to drive or does he or she have the ability to learn to drive?
- Does the child understand the consequences of entering into a contract?
- Is the child able to make wise decisions about discretionary purchases?
If you answered “no” to any of the above questions, it’s in your family’s best interest to learn about the steps necessary to file for an Adult Guardianship so that you can retain the right to make decisions and manage your child’s affairs once he or she turns 18. Here at Lewis Kannegieter Law, Ltd, we handle Special Needs Planning and help parents prepare for the future. If you’d like to schedule an appointment to discuss your options for becoming your child’s legal guardian, please contact us at 763-244-2949 to schedule an appointment.