When considering guardianship, it’s important to maintain a balance between an individual’s privacy and independence and the desire to protect a loved one. Most states automatically consider an individual to be a competent adult when they reach the age of 18 (19 or 21 in some states).

At that point, parents will not be able to access an adult child’s health records or take an active role in their IEP meetings unless they take legal action. Applying for full guardianship, however, which affects a wide range of personal decision-making, may not be necessary, and individual circumstances should be carefully considered. A health care proxy enables the agent to act on behalf of the individual with special needs who, nonetheless, does not relinquish their ability to make decisions.