By definition, a guardian is a person who is able to make decisions regarding the personal, legal, and financial affairs for someone who is incapacitated. While state laws vary, a guardian is court appointed and is usually someone who has the best interests of the person at heart—usually a spouse, parent, or close relative. A person cannot become the guardian of another until a petition is filed and a hearing occurs.

The rules are different, however, when the person who requires a guardian is a minor. Parents are considered their children’s natural guardians, and do not need to file a petition. However, if a child is not able to make personal, legal, or financial decisions by the age of 18, a parent must file a petition in order to be named that child’s guardian.

What will take place at the hearing? Essentially, a judge will review the child’s case to determine whether they are able to manage their own affairs. If he decides the child can’t handle these things, the petition will be granted.

Alternate Guardian

While no parent likes to think of their special needs child navigating the world without them, it’s a simple fact of life. To that end, parents should always name an alternate guardian in their will An alternate guardian will be responsible for the child’s overall welfare in the event of your death or incapacitation, so it’s important that parents choose someone they believe is able to make good decisions and maintain the best interest of the child.

Adults with Disabilities

Parents who think that their children are likely to require guardianship past the age of 18 should meet with an attorney right away to ensure that their child’s needs are always taken care of. The best time to discuss guardianship is now, before something happens to you.

Because laws regarding guardianship vary from state to state, your attorney should be familiar with the laws in your state. In addition, he should have extensive experience dealing with guardianship pertaining to kids with special needs. If you have a child with special needs and have questions about guardianship, please contact us to find out how we can help.