When your special needs child turns 18, he or she is deemed to be a legally competent adult, with full control over finances, living arrangements, employment, and the like. This can be problematic for adults with disabilities who have difficulty making appropriate decisions or are at risk of others taking advantage of them. For this reason, conservatorships have been created to allow parents or other responsible adults some degree of control over the affairs of the disabled adults. Conservatorships allow the parents of disabled adult children either rather broad or very narrow control over their child’s personal and financial matters. The degree of the conservator’s power will be tailored to the needs to the needs of the disabled adult, also known as the ward.
A Look At Why Conservatorships Exist
Conservatorships were created to afford protection for disabled individuals. Without a conservatorship, Kansas law will consider every individual over the age of 18 to be a fully functioning adult. As such, they will be responsible for all debts, holding a job, paying taxes, finding suitable living arrangements, and acting as a responsible citizen. This means that, as a parent, you will have absolutely no control over your adult child’s estate or personal choices. While for the average adult child this may not be a problem, disabled adult children might be unable to manage their affairs without assistance. Absent a conservatorship, these disabled adults might squander their resources, fall victim to those who may take advantage, or make poor decisions that might harm them physically.
A disabled adult who has difficulty managing his or her own affairs or making appropriate decisions will benefit from a conservatorship. Conservatorship is perhaps most important when consent is required for a particular act. For instance, an individual must provide informed consent in order for an operation to be performed. If the patient is a disabled minor child, the parent can provide such consent. If the patient is a disabled adult, the parent’s consent will not be accepted unless they are also the conservator. In this scenario, the conservatorship could be a vital component of maintaining your disabled child’s health and well-being. A conservatorship is not intended to strip away power from the disabled adult; rather, it is designed to promote and protect the well being of the individual while encouraging independence and self-reliance.
When Is A Conservatorship Necessary?
The decision of whether or not to seek conservatorship of your adult disabled child will depend upon your individual situation. The following are a few factors to consider when determining if a conservatorship is necessary:
- What is the degree of your adult child’s disability?
- Is your child able to provide for his or her own food, clothing, shelter, and medical needs?
- What financial decisions is your child unable to make?
- Will your child’s doctor continue to accept parental consent for medical treatment even after your child reaches adulthood?
- What alternatives to conservatorship may exist for your child? For instance, if your child’s income is limited to SSI, you may be able to avoid a conservatorship through appointment of a representative payee.
These are just some of the many relevant considerations. A seasoned family law attorney with experience in the field of conservatorships can help you make this crucial decision.
McDowell Chartered: Offering Assistance to the Parents of Disabled Adult Children
If you or a loved one is interested in pursuing a conservatorship, the compassionate Kansas Conservatorship Attorneys at McDowell Chartered can help. For decades, McDowell Chartered has assisted the family of incapacitated loved ones in obtaining the assistance they so greatly need. Call us today at (316) 269-0746 for an initial consultation.
