How To Go From Being A Parent to Legal Guardian At 18 Years Of Age!

What is guardianship?

When your special needs child turns eighteen, in most states he is legally an adult–free to act of his or her own accord. It does not matter how severe your child’s disability may be, in most states you must apply for guardianship when he or she becomes an adult in order to legally make medical and financial decisions for him or her. Guardianship is an arrangement through which a person (the guardian) is legally authorized to make decisions for another person (the ward). For young adults with severe developmental disabilities, the need to seek guardianship is obvious. However, a young adult with mild delays might only need limited guardianship or conservatorship.

What is conservator, and does my son or daughter need one?

A conservator is appointed by a judge if he/she determines the individual in question is incapable of making important financial decisions. This is especially important if the individual has an inheritance or savings which could be misused or taken advantage of by others.

How do I apply for guardianship of my child?

Contact the Office of the Public Guardian in your state. Every state differs, and you should just ask them where you need to begin and let them walk you through the process. You will need to fill out an application for guardianship and file a petition for appointment of a guardian with an appropriate state district court. Typically an attorney should represent the Petitioner (you) who is requesting guardianship. You should expect legal fees and costs associated with this, however, in some cases the court can reimburse your legal expenses.

What happens next?

After the court receives your petition, a hearing will be scheduled. Various persons, including the ward (your son or daughter) will need to be notified and to attend the hearing. The court will appoint a lawyer if the ward cannot afford one for him/herself.
As petitioner, you will want to bring ample evidence to demonstrate that your child needs a guardian. This evidence might include medical paperwork, statements from doctors, teachers, or therapists, and other important records. If there is disagreement between parties over guardianship or any other complicating factors, the judge may schedule a trial. If a trial is not necessary, the judge may grant the petition at the initial hearing.

Here is a link for more information:
Guardianship for ASD Adults
http://www.autismafter16.com/content/huic-nostrud-typicus-ratis-quadrum

Share your transition experience in the comments below!
Also if you know of someone who could use this info, go ahead and share it!