Guardianship: What Can You Do When Your Child Has Special Needs?

When parents have a child with special needs, they will constantly worry about their child. The worries will grow as their child quickly reaches the age of 18. Some parents will want to know if their child will need a guardian.

Until a child turns 18 years old, the parents are the legal guardians of that child. While a child is under the age of 18, the parents will be able to make all decisions regarding medical needs, financial needs, etc.

When that child becomes an adult at the age of 18, the parents will have no authority to make financial decisions, medical decisions, school-related decisions, and more. However, a parent can decide if they should look for someone to make important decisions for their child. The person who will be named will be known as the child’s guardian.

The named guardian can make some decisions or all decisions regarding the personal needs of the person. However, not all children who have special needs will need to be appointed a guardian. Sometimes children with special needs can make their own decisions regarding their financial affairs, medical affairs, living arrangements, etc.

However, sometimes the child will need help making a few decisions. In cases like this one, someone may be appointed limited guardianship over the child. When someone has been given limited guardianship, the guardian can make some decisions that the now adult has trouble making.

Any person who is 18 years old and older can be listed as a guardian. However, it can be difficult to find the right person to become the guardian. If there are problems finding a guardian because no one can agree, the court has the right to appoint a guardian. Sometimes mediation is necessary to help everyone come to an agreement that is in the best interest of everyone.

We understand it can be very difficult to decide on who should be the guardian. If you are having difficulties, you should seek a consultation. Contact us today.