Adults with developmental disabilities who cannot make important decisions or care for themselves as adults are typically placed under the care of a guardian or conservator. A court appoints a guardian to make personal and financial decisions for individuals lacking decision-making capacity. Conservatorship is a related legal role focused solely on financial matters.
In both cases, the court refers to the adult with a disability as the protected person or ward and prioritizes their best interests. The court may limit the guardian or conservator’s authority to areas where the individual cannot make decisions independently.
High School to Adulthood Transition: Guardianship and Conservatorship
When parental guardianship ends at age 18, legal steps must be taken to allow others to act on behalf of adult children with disabilities. The court is responsible for appointing a guardian or conservator, often choosing parents, older siblings, or trusted individuals. If no family is available, professional guardians or conservators may be appointed.
Many students with special needs transition to guardianship through high school transition planning. The Individuals with Disabilities Education Act (IDEA) requires schools to work with students and parents during this transition to adulthood. Schools often recommend parents become legal guardians to support their adult child. While courts consider less restrictive options like supported decision-making, full guardianship is frequently granted.
Key questions during this transition include:
| Key Question | Details / Examples |
|---|---|
| Is full guardianship or conservatorship necessary? |
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| Other important questions to consider: |
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How Can a Disability or Special Needs Attorney Help?
A disability attorney or special needs attorney helps families determine if guardianship or conservatorship is necessary based on the individual’s needs. They prepare and file all required legal documents with the court to start the process.
Elder law attorneys represent individuals with disabilities and their families throughout the process, attend court hearings, and communicate with the court. Since guardianship laws vary by state, their expertise ensures all procedures and deadlines are met properly.
Importantly, an attorney protects the rights of the protected person, ensuring their best interests are prioritized. They also provide ongoing support to guardians or conservators, guiding them through legal responsibilities and any necessary adjustments that require court approval.
Functions of a Guardian or Conservator
The roles of a guardian or conservator depend on the individual’s needs and court orders. Typical responsibilities include:
- Making Personal Decisions: Determining living arrangements, medical treatments, and daily care.
- Managing Finances: Paying bills, managing assets, and overseeing financial matters.
- Representing the Individual: Handling legal and financial issues, often with legal counsel.
- Coordinating Care: Ensuring access to health care and necessary services.
- Advocating for Rights: Protecting the individual’s interests and well-being.
Choosing a guardian or conservator carefully is critical, as they carry significant responsibility for the person’s well-being.
Guardianship, Conservatorship, and Federal Programs
Guardians and conservators must also manage the protected person’s eligibility and interaction with federal, state, and local programs, including:
- Applying for Benefits: Assisting with applications for Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), and others.
- Managing Benefits: Handling benefits according to program rules.
- Coordinating with Programs: Working with Medicaid, Medicare, and related services.
- Representing in Disputes: Hiring attorneys to resolve benefit disputes if necessary.
Conclusion
Guardianship and conservatorship are vital legal tools that help adults with developmental disabilities live safely and with dignity. Courts work closely with families to appoint appropriate guardians or conservators, often limiting their powers to encourage autonomy. Regular reviews ensure arrangements continue to meet the individual’s needs.
Because the process can be complex and varies by state, consulting a disability or special needs lawyer is highly recommended. Legal guidance ensures that all steps are correctly followed, protecting the rights and welfare of your loved one.
If you’d like to discuss your particular situation, please contact our Sherwood or Searcy office at 501-834-2070 to schedule a consultation. We look forward to assisting you.