As a parent, you are the automatic and natural guardian of your child until they turn 18. However, if you have a child with special needs and they are about to turn or have already turned 18 you may be considering guardianship as a way to establish ongoing care. When a child turns 18, and reaches the age of majority, they are able to make decisions for themselves and their parents no longer have the legal capability to do so. If you have a child who needs personal or financial assistance to ensure their continued well-being is secured, guardianship may be a beneficial option.
Deciding Whether Guardianship is the Right Fit
Entering into a guardianship should not be done lightly considering the gravity of the abilities and legal rights afforded to a guardian. Usually, the court does not encourage establishing guardianship if there are less restrictive means available due to the amount of rights taken away from an individual and placed in the hands of another person. He or she will no longer have the legal authority or ability to make certain decisions, therefore it of utmost importance to ensure guardianship is the right course of action before proceeding. Also, a mental illness, physical incapacity or disability does not automatically establish the need or criteria for appointing a guardian. Depending on a variety of factors a power of attorney, special needs trust, assisted living facility or support from family and friends may be sufficient and less restrictive means of alternative care.
Determining the Competency and Capacity of the 18 Year Old
In order to legally establish guardianship, the court must analyze the competency and capacity of the adult. Regardless of whether or not you think they are incompetent or incapacitated, the judge ultimately decides whether or not the individual needs the appointment of a guardian. In order to protect the individual from having their rights taken away unnecessarily, the court will rely on testimony from physicians and affidavits, the individual and other relevant parties to determine the person’s level of competency. This is also important as it pertains to the spectrum of rights the judge affords to the appointed guardian. These evaluation standards and procedures often vary from state to state so it is important to discuss with a qualified guardianship attorney in Kansas to prepare yourself appropriately. Competency levels can fluctuate over time, therefore the court remains involved in a supervisory role in order to oversee the individual’s level of ongoing care and need.
Call a Kansas Guardianship Attorney Today to Establish Guardianship
Appointing a guardian for a special needs individual holds great responsibility and affords many legal rights and should not be taken lightly. It is important to sufficiently educate yourself on the process and understand what is best for your special needs child once they turn 18 in order to ensure they are properly taken care of. Contact the seasoned Kansas Guardianship Attorney at McDowell Chartered Legal Services today at (316) 269-0746 to see how we can successfully assist you in fulfilling your role as guardian.
