Search

Finding the Right Legal Representation for Your Company

Is Your Child 18 Now? What Parents of Children with Special Needs Should Know About Guardianship

26 July 2016

Tracy Roberts

Until your child turns 18, you are legally responsible for them. Once your child turns 18, they become legally responsible for themselves. For parents of children with special needs, it is normal to wonder what will happen when your child reaches the age of adulthood but still requires your care, support, and supervision. This is where guardianship comes into play.

What Is Guardianship?

Being the legal guardian of someone is no different than being their parent in the eyes of the law. The only real difference is that the person you are the guardian of is not a child anymore. Guardianship is established when someone reaches adulthood but still requires someone to care for them or manage their lives. If you have a child with special needs, it is in your best interest to learn everything you can about guardianship before your child turns 18.

What Does a Guardian Do?

A guardian's duties and what they have the power to do vary from case to case. The court will determine what the child who is turning 18 needs and what they can do on their own. The guardian is responsible for making the decisions the court gives them authority over and doing the things their charge needs assistance with. They will need to turn in a report every year so the court can determine if the guardianship is still needed or needs to be modified in some way.

Determining If a Child Needs Guardianship

There are a few different factors that parents and the court will look for when determining if someone needs a legal guardian. If a child is able to make decisions for themselves because their disability doesn't hinder this, they might not need a guardian. However, a child may need a guardian despite being 18 if they have a hard time doing things for themselves and deal with physical restrictions. Some other things to look at are if the child can feed themselves, clothe themselves, and take care of their own basic needs. If they can tell someone what they need or want when it comes to their personal care, this is also taken into consideration.

What Are the Alternatives?

There are some options parents can look into that will be an alternative to guardianship. The first is assisted-living or supported-living services. If the person only needs help with certain parts of their daily life, then they can have these services do those things for them. A durable power of attorney will allow the parent to only make some of those decisions because the person is competent some of the time. Alternatives are also ideal if you, for some reason, are unable to provide the level of care your child needs.

As you can see, parents of children with special needs still have options when their children turn 18. There are ways to protect these children and keep them safe even after they reach the age that society considers to be the age adulthood. Talk to a firm such as Watson Law Firm for more information about how guardianship may apply to your specific situation. 

Share