Do you have a child with disabilities who is approaching the age of 18? If so, it may be in your child’s best interest to establish guardianship before an emergency occurs.
Why is it important to establish guardianship?
Once your child reaches the age of 18, they are treated as an adult in the eyes of the law. While legally, your child may be an adult, it is possible your child is incompetent of making the right, healthy decision. If you are their guardian, you will have a say in important matters such as medical care.
When is a guardianship needed?
A guardian for a child with disabilities is needed after the child turns 18 and cannot make decisions that pertain to his or her personal welfare and basic needs.
Who can become a guardian?
To become a guardian some qualifications include:
- A resident of the United States
- Over the Age of 18
- Of sound mind
- Have not been convicted of a felony
What are the duties of a guardian?
Primarily, the guardian will determine where the person will live and make provisions for the person’s care, comfort and maintenance, including medical and health care decisions.
How do I become a guardian?
To become a guardian, you must be appointed by a judge. A hearing will take place including testimony from family members, physicians and licensed social workers indicating that the person is in need of a guardian to assist in his/her personal life.