Once your child turns 18 they are considered by law to be an adult with full, legal rights under your state law. Parents frequently do not understand that this means they now can enter into contracts, move away from home, get married, make healthcare decisions for themselves, and vote. In reality parents are no longer the natural legal guardian. This is a concern when your child may not have the intellectual capacity to make financial or medical decisions on their own. There will be many situations you will encounter being asked if you can legally speak on behalf of your young adult, so having guardianship of your child is the best way to be able to protect your child and also avoid being in a powerless situation. Every state has different types of guardianships so you need to do your research. Some states have Guardian Advocate which is a type of guardianship for adults with developmental disabilities. It allows families to continue to do what they have always done for their child. It only removes the young adult’s rights that they cannot manage on their own such as the right to make medical decisions, their right to manage their own financial affairs, their right to apply for government benefits and the right to decide where they will live. Every year paperwork will need to be filed with the courts to review your child’s need to live at home so finding a guardianship lawyer will be necessary. Keep in mind that if you move you will need to redo your guardianship.
Special Needs Answers
Description: On this site, [the Special Needs Answers team] aims to provide the best information available on the Internet on planning for people with special needs as well as access to a network of planners focusing their practices on special needs planning. Their information is designed to be thorough, up-to-date and easy to understand. The professionals in their network have demonstrated a commitment to assisting those with special needs and their families. And they benefit from the experience and expertise of their peers through our Internet-based practice tools.
Divorce and Children With Autism
Description: Divorcing parents of a child with autism will do best if they are able to create a co-parenting plan that’s practical and addresses both their child’s current and future needs. This article tries provides guidelines for topics parents may consider, ranging from insurance and trusts to safety and decision making.
Complete Guide to Creating a Special Needs Plan: A Comprehensive Approach Integrating Life, Resource, Financial and Legal Planning to Ensure a Brighter Future for a Person with a Disability by Hal Wright
Special Education Law by Laura F. Rothstein and Scott F. Johnson
Autism and the Law: Cases, Statutes, and Materials (Law Casebook) by Lorri Shealy Unumb and Daniel R. Unumb
Managing a Special Needs Trust: A Guide for Trustees by Jackins, B., Shulman, K. Onello H, & Blank, R.
Special Needs Trusts: Protect Your Child’s Financial Future by Stephen Elias
Some forums require you to sign in to Yahoo or Facebook to locate forum names.
Forum/Blog Name: One Autism Mom’s Notes
Description: This blog discusses guardianship and its very emotional process as to making decisions for the young adult with autism as they lose some of their rights.
Forum/Blog Name: IEP Forum for Parents
Description: This group is for sharing information related to 504 plans, IEP’s, exceptional children program, special education, testing, placement, advocacy, legal issues, IDEA, Wright’s Law, FAPE, NCLB and other educational issues.
Forum/Blog Name: Law Enforcement Autism Network
Description: This group is for the law enforcement community to have a place to network with families with autistic children.
Forum/Blog Name: Obtaining Guardianship for my Autistic Son
Description: At Families.com, a blog by Kristyn Crow regarding her son, age 18.
