{"id":7257,"date":"2012-11-13T07:00:09","date_gmt":"2012-11-13T13:00:09","guid":{"rendered":"http:\/\/f06.70c.myftpupload.com\/?p=7257"},"modified":"2012-11-13T07:00:09","modified_gmt":"2012-11-13T13:00:09","slug":"special-needs-guardianship-what-parents-should-know-pt-1","status":"publish","type":"post","link":"https:\/\/jolenephilo.com\/staging\/special-needs-guardianship-what-parents-should-know-pt-1\/","title":{"rendered":"Special Needs Guardianship: What Parents Should Know, Pt. 1"},"content":{"rendered":"

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Guardianship. What’s that mean exactly? What’s involved in establishing guardianship<\/a><\/span>? A new DifferentDream.com<\/a> 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.<\/em><\/p>\n

Special Needs Guardianship:\u00a0 What Parents Need to Know<\/h3>\n

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?\u00a0 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.\u00a0 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.<\/p>\n

Special Needs Guardianship: What is Required?<\/h4>\n

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.\u00a0 Note that the guardian consults with an attorney privately. Two evaluations are required: one psychological and one medical, or two medical evaluations.\u00a0 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, \u201cDoes this person have the capacity to make decisions in his own best interests?\u201d\u00a0 This decision is made by assessing functioning in the following 5 areas:<\/p>\n