Guardianship for an Adult Child With Disabilities: Options Before and After 18

When a child turns 18, parents no longer automatically have legal authority, even if the young adult has a disability. Families should plan before the birthday.

Less restrictive options first

• Power of attorney for finances and health care if the young adult can understand and sign.
• Supported decision-making agreements in states that recognize them.
• Representative payee for Social Security benefits.
• Releases for school and medical information.

Guardianship

A court can appoint a guardian if the person cannot make or communicate safe decisions. It removes rights, so many states require proof that lesser alternatives would not work and periodic review.

Steps

1. Talk with the young adult and their care team.
2. Ask the school about transition planning.
3. Consider a special needs trust. See our guide to special needs trusts.
4. Consult an elder law or special needs attorney.
5. Keep documents updated.

Cautions

• Guardianship can last a long time and be hard to end.
• Court costs and ongoing reports apply.
• Respect the person's own wishes where possible.

Timing: planning before the 18th birthday

A parent's authority generally ends at 18, even for a young adult with a disability. Without documents, doctors may refuse to share information, banks may refuse access and school or benefit agencies may require the adult's own signature. Starting the planning process six to twelve months before the birthday gives time to gather medical evidence, consult an attorney and file any court petition.

Types of guardianship and conservatorship

• Guardian of the person: decisions about health, housing and daily life.
• Conservator or guardian of the estate: decisions about money and property.
• Limited guardianship: only specific areas where help is needed.
• Temporary or emergency guardianship in urgent situations.
• Terminology and procedures differ by state.

What the court process looks like

1. File a petition with evidence of the need.
2. The court appoints an attorney or investigator for the adult in many states.
3. Medical or psychological evaluations are often required.
4. A hearing is held and the court decides.
5. The guardian files periodic reports and accountings.

Benefits and public programs

• Supplemental Security Income and Medicaid have asset and income limits.
• A special needs trust can hold funds without losing eligibility.
• A representative payee can manage Social Security payments.
• Plan for housing, work and daily living supports.

Respecting the person's rights

Many advocates favor supported decision-making, which keeps the person as the decision maker with help from trusted supporters. Some states have laws allowing it. A court may consider whether less restrictive alternatives exist. See our guides to special needs trusts and power of attorney types.

Terms to know

• Ward or protected person: the adult subject to guardianship.
• Guardian ad litem: a person appointed to investigate for the court.
• Capacity: ability to understand and make decisions.
• Supported decision-making: help from trusted people without removing rights.
• Representative payee: a person who manages government benefits.
• ABLE account: a tax-advantaged savings account for people with disabilities.

Checklist for parents planning ahead

1. Talk with the young adult about their goals and preferences.
2. Collect medical and school records.
3. Ask the school about transition planning before age 18.
4. Consider powers of attorney and supported decision-making first.
5. Meet with an attorney experienced in special needs planning.
6. Update the plan as the person grows.

Frequently asked questions