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:

Navigating Special Needs Planning at 18: A Guide for Parents & Guardians

June 10, 2024
From financial considerations to legal matters and beyond, there are numerous factors to take into account to ensure your loved one receives the care and support they need as they transition into adulthood.

Guardianship for Individuals with Special Needs

August 14, 2023
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.

5 Things to Consider When Your Child with Disabilities Turns 18

May 12, 2023
As the parent of a child with special needs, your role as a parent becomes different when your child becomes a legal adult. Although your child may have some or all the same needs for assistance from you, your legal relationship with your child changes when your child turns age 18.
Planning For Children With Special Needs

Planning For Children With Special Needs

February 25, 2023
Special Needs Planning is a Lifelong Event: Working to get your child assessed to qualify for support programs, fighting to get benefits and finding therapists became a full-time job, and one that led to enormous costs, even with the family’s having good health insurance.
Estate Planning Considerations For Children With Special Needs

Estate Planning Considerations For Children With Special Needs

January 12, 2023
If your child or grandchild has special needs, one of your greatest concerns is ensuring that the child receives essential care and support throughout their life. While your inclination may be to give the child money or other assets through an inheritance, doing so may deprive the child of the ability to receive government assistance. Fortunately, a Special Needs Trust (SNT) can provide lifelong financial benefits for the child without affecting eligibility for government programs.

What Happens To My Disabled Adult Child if I Become Incapacitated or Pass?

November 7, 2022
Caring for an adult child with a disability in Illinois is often challenging in the best of circumstances. Many parents worry about what might happen to their child if the parents die or are otherwise unavailable to provide care. We will discuss some Special Needs Planning suggestions to benefit both you and your child.
Show More