Most parents care for their children when the children are young. Many parents continue to support their children well into adulthood. When a child has disabilities, their parents often care for them for life. When a disabled child becomes an adult, the parents may want or need to consider guardianship for their adult child.
Guardianship is important so that disabled adults get the help they need. For many parents, it is hard when a disabled child becomes an adult. The parents may wonder if their adult child can make good decisions for themselves. Guardianship for the adult child and the parents’ estate can provide peace of mind for the parents. Guardianship can protect the adult child from those who do not look out for them, either with regard to safety, care, or money.
Guardianship means that the court appoints someone to make decisions on behalf of another person who is unable to make their own decisions. That could be because of a physical or mental limitation or disability. Disabled adult children might need someone to help them with decisions about health, finances, and daily living.
There are different types of guardianships—full, partial, and limited. The choice often depends on what the disabled adult person, sometimes an adult child, needs. Full guardianship provides the guardian with the ability to make all decisions about the individual’s personal and financial matters. Limited guardianship means what it says —the guardian can only make certain decisions on behalf of the other person.
Why is it Important to Seek Guardianship?
Protection and Advocacy
With guardianship, parents can be sure that their disabled child’s best interests are used to make decisions about medical, legal, and financial matters for them. Without guardianship, adults with disabilities may have trouble getting services, making good decisions, or taking care of legal matters. Guardians can look out for their wards, ensuring they receive necessary services and support.
Financial Management
Many adults with disabilities require assistance in managing their money. This may include assistance with paying bills, accessing benefits, and managing savings wisely. Guardianship over the estate allows parents to oversee financial matters, protecting their child from being taken advantage of or treated badly. Guardianship can help protect assets that should be used for the ward's benefit. Guardians can help the disabled person (ward) get health care and other needed care services. Guardians can try to ensure that their ward receives the benefits they are entitled to.
Health Care Decisions
Decisions about health care can be difficult for everyone, and sometimes even more difficult for people with disabilities. With guardianship, parents can make informed choices about medical treatments for their adult child. Parents with guardianship can be sure that their adult child receives the care that they need and want.
Continuity of Care
A parent can lose the right to make decisions for a disabled child who has reached the age of 18. This can be simply because the child turns eighteen, even if it is clear that the now 18-year-old child cannot make their own decisions well. Guardianship can make it easier for a disabled adult child to continue to get the care that they need as they get older. Continuing care is not easy. This often requires working closely with the people and groups that provide the care, and can be hard. Parents who know their child’s needs and wants can arrange for services that are best for their child.
The guardianship process can be difficult. People trying to become guardians for someone else, whether parents or not, usually need to file legal papers called an Order to Show Cause and a Verified Complaint. They also need to obtain a certification from a physician, an evaluation of the individual’s needs, and attend a hearing. Working with lawyers who know about guardianship law can make this easier for all.
Consider Guardianship if You Have a Disabled Adult Child
Getting guardianship for a disabled adult child is important to protect your child as they grow older. Guardianship can give parents (and disabled adult children) the peace of mind as the children become adults. Guardianship can ensure your child’s safety and quality of life for years to come. Seeking guardianship is an important step that caring parents can take to care for their disabled adult child over the course of their life.
