Guardianship of Child

When considering guardianship for an individual with special needs, it is crucial to strike a balance between preserving their privacy and independence while ensuring their well-being and protection.


In most states, once an individual reaches the age of 18 (or 19 or 21 in some states), they are automatically considered competent adults, which can limit parental access to health records and involvement in Individualized Education Program (IEP) meetings unless legal action is taken.

Applying for full guardianship, which encompasses a broad range of personal decision-making, may not always be necessary or appropriate for every individual.


It is important to carefully evaluate individual circumstances and explore alternative options.


One such option is a health care proxy, which enables a designated agent to act on behalf of the individual with special needs in medical decision-making without relinquishing their own ability to make decisions.


Similarly, a financial or education power of attorney can grant access to records, facilitate participation in discussions, and provide signing authority while respecting the individual's decision-making rights.


Consulting with a special needs attorney can help assess the specific circumstances and determine the most suitable alternatives to full guardianship.

Once an individual turns 18, they are legally considered an adult. To make healthcare and financial decisions on their behalf, guardianship is typically required. The level of guardianship can range from comprehensive decision-making authority to more limited and specific areas depending on the individual's needs.


Working closely with doctors and professionals, we can assess the specific health, educational, and supportive needs of the individual and initiate the process of determining the appropriate level of guardianship.


Our experienced team can guide you through the complexities of guardianship and explore alternatives that respect the individual's autonomy while ensuring their best interests are protected.


We understand that each situation is unique, and we are committed to providing tailored solutions that address the specific needs of your loved one with special needs. Contact us today to discuss your circumstances and start planning for the future.

Check Out Our Special Needs Planning Blog Resources:

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For families of individuals with special needs, planning for their future and ensuring their well-being is of utmost importance. When considering guardianship for a loved one with special needs, it becomes crucial to find the delicate balance between safeguarding their privacy and independence while also ensuring their protection and care.

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