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Do I Need a Guardianship for a Special Needs Child or child who is partially incapacitated and who Turns 18?

 For any parent, watching their children take on more responsibilities and become adults is a bittersweet journey. If your child is disabled or has special needs, which can be either a physical and/or mental incapacity, that journey may also come with unique anxiety and difficult decisions about their future. When is a legal guardianship appropriate for a minor that is turning 18 years of age and entering into adulthood?

A guardianship is designed to extend the legal power and responsibility a parent has over their minor child into adulthood, if that child is deemed incapable and unable to take care of themselves on a daily basis and/or manage their financial affairs.

It can entail making the child’s legal and medical decisions, their financial decisions, or both.

Guardianship is not always the right choice as It removes certain rights that your child otherwise would have, including the right to determine where they live, work, go to church and even the ability to drive or vote. Court's look for the "least restrictive alternative" when faced with a guardianship application. It is also important to plan for the future. If something were to happen to you, your child would be left without a guardian and without any experience in making life choices.

On the other hand, for many children with disabilities, a guardianship is the only logical option. It can be used to protect your child from people who might try to prey on their disability for financial gain. It can also prevent your child from getting into a negative or dangerous situation by providing an environment in which they have grown accustom to living.

If you are considering a guardianship of either the person and estate or both for your child, the best plan of action is to meet with a qualified attorney who handles guardianships to discuss your options well before your child turns eighteen. A reputable lawyer will give you valuable insight into the process and your specific circumstances as you will be required to provide a doctor's letter as well, which outlines the diagnosis and prognosis of the child. Each case is different, and each legal guardianship may be set up differently. It is important to get the advice of an attorney that you can trust who is proficient in establishing guardianships and the rules and procedures that appointed guardians must follow. 
02 Feb, 2014
For any parent, watching their children take on more responsibilities and become adults is a bittersweet journey. If your child is disabled or has special needs, which can be either a physical and/or mental incapacity, that journey may also come with unique anxiety and difficult decisions about their future. When is a legal guardianship appropriate for a minor that is turning 18 years of age and entering into adulthood? A guardianship is designed to extend the legal power and responsibility a parent has over their minor child into adulthood, if that child is deemed incapable and unable to take care of themselves on a daily basis and/or manage their financial affairs. It can entail making the child’s legal and medical decisions, their financial decisions, or both. Guardianship is not always the right choice as It removes certain rights that your child otherwise would have, including the right to determine where they live, work, go to church and even the ability to drive or vote. Court's look for the "least restrictive alternative" when faced with a guardianship application. It is also important to plan for the future. If something were to happen to you, your child would be left without a guardian and without any experience in making life choices. On the other hand, for many children with disabilities, a guardianship is the only logical option. It can be used to protect your child from people who might try to prey on their disability for financial gain. It can also prevent your child from getting into a negative or dangerous situation by providing an environment in which they have grown accustom to living. If you are considering a guardianship of either the person and estate or both for your child, the best plan of action is to meet with a qualified attorney who handles guardianships to discuss your options well before your child turns eighteen. A reputable lawyer will give you valuable insight into the process and your specific circumstances as you will be required to provide a doctor's letter as well, which outlines the diagnosis and prognosis of the child. Each case is different, and each legal guardianship may be set up differently. It is important to get the advice of an attorney that you can trust who is proficient in establishing guardianships and the rules and procedures that appointed guardians must follow.
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