Special needs guardianship was the topic at DifferentDream.com yesterday, and it still is today. Guest blogger Liz Matheis began Part 1 of the series by explaining what’s required for obtaining it and how long it takes. Now she’s back to finish the series.

Special Needs Guardianship: What Parents Need to Know, Pt. 2

Special Needs Guardianship: Limited vs. Full

Within the psychological report, the psychologist will make the recommendation as to the type needed: limited vs. full.  If the parent or other adult has full guardianship, this means that all decisions regarding education, finances, area of residence, vocation, and medical decisions requiring informed consent will be made by the guardian. This does not mean that the individual does not have a say in the matter, however all final decisions are made by the guardian.  If the guardian has limited guardianship, the psychological report should indicate in which of the 5 areas listed above the individual has the ability to make decisions, and in which areas the guardian makes decisions.

It is also good practice to recommend that the issue is re-visited when the individual is 30 years old (or sooner) in order to assess level of functioning and if guardianship needs to be a change from full to limited, or if there are a greater number of areas in which the individual can make decisions. The re-visiting of this legal issue takes into account that the individual will have had greater life experiences and life training that may decrease the need for guardianship in all areas or the majority of areas.

Special Needs Guardianship and Power of Attorney: What’s the Difference?

Power of Attorney (POA) is a document that allows a person to appoint an Agent to make financial and legal decisions on his/her behalf and have access to his/her financial and legal records.  POA is designed to allow the Agent to carry out the wishes of the young man or woman on legal and financial matters.  This is a legal document usually drafted by an attorney; however, that is not required.  POA does not require going to court. Instead, POA is registered through the Community Health Law Project.

Here is the key difference – the POA can be revoked verbally or in writing at any time. Therefore, if the individual is believed to be vulnerable or can be exploited easily, POA may not be the best option. Remember, guardianship is the removal of a person’s right to make decisions; however, it is done with the intention to protect a young man or woman with a developmental disability who may be at risk for exploitation.

Any More Questions?

Thank you, Liz, for your clear explanation of what this topic. If you have more questions, leave a comment. Maybe Liz will be able to answer it. If you haven’t read Part 1 of the series, be sure to check it out, too.

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Guardianship. What’s that mean exactly? What’s involved in establishing guardianship? A new DifferentDream.com guest blogger and licensed clinical psychologist, Liz Matheis, is here to answer our questions. In the first part of a two-part series, she explains what’s required in obtaining legal guardianship and when to start.

Special Needs Guardianship:  What Parents Need to Know

Remember when we counted the days until our 18th birthday and reminded all the adults around us that we were going to be in charge within a few days?  At 18 years of age, a young man or woman becomes an adult and is becomes responsible for making decisions about how to spend money or where to live.  However, for some young adults with developmental disabilities, their 18th birthday marks the time when their parents lose all legal ability to make decisions for their child. As a result, parents may seek to gain guardianship, or the removal of the constitutional right of self-determination because the young man/woman is unable to make decisions in his/her own best interests, and therefore needs to be protected.

Special Needs Guardianship: What is Required?

Let me be more specific. A guardian is a person who is appointed by the court to care for the adult. The guardian is usually a family member or close friend who petitions the court to become the guardian.  Note that the guardian consults with an attorney privately. Two evaluations are required: one psychological and one medical, or two medical evaluations.  A trained licensed Clinical Psychologist completes the psychological evaluation, and the medical evaluation is completed by a physician. Both the psychologist and physician must provide a written report that answers the question, “Does this person have the capacity to make decisions in his own best interests?”  This decision is made by assessing functioning in the following 5 areas:

• Education
• Finances
• Area of residence
• Vocation
• Medical decisions that require informed consent

Keep in mind that transferring guardianship also takes away the person’s ability to vote or marry. Therefore, make certain that these two areas are assessed and addressed in the psychological and/or medical report. The report must indicate, clearly, whether the individual will retain the ability to vote and/or marry.  If the person will retain the ability to marry, the Psychologist may want to indicate whether this can be done with guardian guidance.

Special Needs Guardianship: Through the Court We Go….

Guardianship proceedings take approximately 3-6 months to complete and are handled through the court. So, begin the process by the middle of your child’s 17th year. And come back tomorrow to learn about the differences between limited vs. full guardianship and between guardianship and power of attorney.

What Questions Come to Mind?

Did questions coming to mind as you read what Liz wrote. Then jot them down and save them for Part 2 of the series.

Do you like what you see at DifferentDream.com? You can receive more great content by subscribing to the quarterly Different Dream newsletter and signing up for the daily RSS feed delivered to your email inbox. You can sign up for the first in the pop-up box and the second at the bottom of this page.