Turning 18 is a milestone for most young people—it means new freedoms, responsibilities, and the legal recognition of adulthood. But for parents and guardians of children with intellectual or developmental disabilities or other special needs, this transition can bring anxiety. Once a child turns 18 in Massachusetts, they are considered a legal adult, even if they may not be fully capable of making decisions about their health, finances, or well-being. In such cases, pursuing guardianship might be necessary to continue providing the care and support your child needs.
What is Guardianship?
Guardianship is a legal process in which a court appoints a person (the guardian) to make decisions on behalf of an adult (the ward) who is deemed incapable of making decisions independently due to a disability or mental impairment. It’s an essential safeguard for adults who cannot manage their own health care, financial matters, housing decisions, or daily activities.
Once a child turns 18, their parents or caregivers no longer have the legal authority to make these decisions, regardless of the child's cognitive ability or independence level. Guardianship allows parents or another trusted individual to legally step in and manage the areas where their adult child needs assistance.
Types of Guardianship in Massachusetts
There are different levels of guardianship available, depending on the specific needs of the individual. It's important to choose the right level to ensure the adult retains as much independence as possible while receiving the necessary support.
- Full Guardianship:
- A full guardian makes nearly all personal, medical, and financial decisions for the individual. This is often appropriate for adults with significant disabilities or impairments who cannot manage any aspect of their personal or financial life.
- A full guardian will typically have authority over decisions such as medical care, living arrangements, and managing finances.
- Limited Guardianship:
- In some cases, the individual may be capable of handling certain decisions but not others. A limited guardianship grants the guardian authority only in specific areas, such as health care or financial management, while the adult retains control over other aspects of their life.
- This is a more flexible option, allowing for greater independence and autonomy for the adult while still providing the necessary oversight.
- Conservatorship:
- A conservator is a person appointed by the court to manage the financial affairs of an adult who cannot handle their own finances, even if they are able to manage other personal decisions. This is particularly useful for someone who may be capable of making personal decisions but struggles with budgeting, paying bills, or managing assets.
- Temporary Guardianship:
- Temporary guardianship can be granted in urgent situations where the individual’s well-being is at immediate risk, and decisions need to be made quickly. This type of guardianship is limited to a specific time frame and purpose.
Determining If You Need Guardianship
Whether or not to pursue a guardianship depends on your adult child’s level of independence and the nature of their challenges. Here are some questions to ask yourself:
- Can my child make decisions about their health care? If your child can understand medical conditions, treatments, and consequences, they may not need a guardian to make health care decisions for them.
- Can my child manage their finances? If your child can pay bills, manage a budget, and make sound financial decisions, a conservatorship or financial guardianship may not be necessary.
- Is my child capable of making legal decisions? As an adult, your child will need to manage legal documents like contracts or leases. If they cannot understand these legal responsibilities, they may need guardianship support.
- How independent is my child in daily life? If your child can manage daily activities like personal hygiene, food preparation, and transportation, they may not need full guardianship.
If your adult child can make some but not all decisions independently, a limited guardianship or alternative arrangement (such as a power of attorney) may be more appropriate.
The Process of Establishing Guardianship in Massachusetts
If you decide that guardianship is necessary, we can assist you. The process will involve:
- Filing a Petition:
- To start the guardianship process, you will need to file a petition with the Probate and Family Court in the county where your child resides. The petition must outline why guardianship is needed and what type of guardianship you are seeking.
- Medical Certificate or Clinical Team Report:
- The court will require medical evidence to support the petition. A medical certificate or clinical team report from a doctor or clinician must be submitted, indicating that the adult is unable to make certain decisions due to their condition.
- Court Hearing:
- A court hearing will be scheduled, where you will present your case for why guardianship is necessary. The court may also appoint an attorney or advocate to represent your child's interests during the process.
- Appointment of Guardian:
- If the court agrees that guardianship is necessary, it will issue an order appointing the guardian. This may be a full or limited guardianship, depending on the individual's needs.
- Ongoing Reporting:
- Guardians must regularly report to the court on the status of the adult under guardianship, including their well-being, finances, and any significant changes in their condition
Preparing for Your Child’s Future
Establishing guardianship is a serious step, and it’s important to approach it with careful planning. Here are a few steps you can take before your child turns 18:
- Evaluate Your Child’s Abilities: Consider your child’s ability to make decisions in key areas, such as health care, finances, and personal safety. Seek input from medical professionals, teachers, and support staff to assess their needs.
- Talk to Your Child: If possible, include your child in conversations about guardianship and decision-making. Allow them to express their preferences and make choices about their future.
- Consult an Attorney: Guardianship laws can be complex. Working with an attorney who can help ensure you’re making the best decisions for your child.
- Plan for the Long Term: In addition to guardianship, consider creating a special needs trust or other financial arrangements to ensure your child’s financial security as they move into adulthood.
Conclusion
The transition to adulthood for a child with special needs can be a challenging time for families, but guardianship offers a path to ensure their continued well-being. By understanding the guardianship process and exploring all available options, you can make informed decisions that provide the right balance of support and independence for your child as they move into this new chapter of life. If you're approaching this transition, do not hesitate to reach out to Attorney Rocco Iannaci. He is a Special Education advocate, certified teacher and juvenile/family law attorney.
