Guardianship and Guardianship Alternatives

When a child with a disability turns 18, they have reached the "age of majority" and therefore have the right to make all decisions for themselves.  The decisions can include:

• Residential / Where to live - stay at home or move out to live on their own?
• Educational - whether or not to remain in school, to participate and agree to IEP or 504 planning, to engage in transition planning, or to withdraw from school entirely?
• Medical - whether or not to continue seeing current medical or theraputic professionals, whether or not to take medications, and decisions to share or not share medical information with anyone. 
• Financial - whether or not to allow others to have access to bank accounts, income, etc.
• Driving and other activities of daily living.

There are so many ways that parents assist children with disabilities prior to their 18th birthdays, and it can be difficult to imagine what it could mean to have all decision-making authority shift to the child the day that they turn 18.  

Surrogate decision-making and supported decision-making options can help families find the least-restrictive form of support for their adult disabled child, with the goal of finding a balance between protecting the disabled child and honoring their right to self-determination.   These options include:

• Guardianship
• Supported Decision-Making Agreements
• Powers of Attorney

Contact The Law Office of Amy Handler Kasallis Today

Getting the legal help you need is right at your fingertips. Contact us today to discuss the range of available options. We will discuss your family's unique situation, explore the options, and help you determine your next best steps.