Planning Ahead: Guardianship for Young Adults with Disabilities

As children with disabilities approach the end of high school, families face a number of transitions, including legal ones. While turning 18 is often seen as a milestone of independence, it also comes with important legal changes. Under the law, once a child turns 18, they are considered an adult and become their own decision-maker for educational, medical, and financial matters.

For families of young adults with severe disabilities, this shift can be challenging. If your child is unable to make informed decisions on their own, you may want to consider pursuing legal guardianship to ensure their continued care and protection.

 

What Is Guardianship?
Guardianship is a legal arrangement where a court appoints someone — usually a parent or caregiver — to make decisions on behalf of an adult who is unable to do so independently. This includes making choices related to schooling, healthcare, housing, and finances.

 

When to Start the Process
The best time to begin the guardianship process is around your child’s 17th birthday. Starting early gives you time to gather required documents, complete the necessary filings, and schedule a court hearing that ideally takes place shortly after your child turns 18. Waiting too long can lead to gaps in decision-making authority, especially when schools or doctors are no longer allowed to speak with parents without proper legal documentation.

 

Pursuing guardianship includes:

• Filing paperwork with the court
• Submitting a medical affidavit that verifies the disability
• Working with a court-appointed representative for your child, who ensures their interests are considered
• Attending a hearing, where a judge makes the final decision. 

The court will determine if guardianship is appropriate based on the child’s ability to make informed decisions and the severity of their disability.

 

Without guardianship, parents may be unable to:

• Access their child’s educational records or participate in IEP decisions
• Make necessary healthcare or mental health decisions
• Manage Social Security, benefits, or other financial matters on behalf of their child

Guardianship offers a legal path to continue supporting your child in the areas where they need help most.

 

Something to Think About
Every situation is unique, and guardianship is a serious step. In some cases, alternatives like power of attorney or supported decision-making may be more appropriate. If you believe guardianship might be in your child’s best interest, contact a qualified attorney anytime after your child turns 17 to begin the conversation. Early planning can make a big difference during this important transition.