Parents often ask about establishing guardianship for their child. Usually this occurs when a child has a disability and is about to turn 18. The parents may be aware, or have been told by someone that once a child reaches age 18, he or she has reached the age of majority and is presumed (unless proven otherwise) to be competent. Furthermore, the parent will no longer be the decision-maker when it comes to that child's education or healthcare.
For many parents, and especially for parents of children with disabilities, this is a scary proposition. Understandably they want to remain involved as an advocate for their child and be included in discussions and decisions regarding that child's education or healthcare. They are concerned that once their child turns 18 the parents will be denied information by the educators and other service providers who care for their child with special needs. So when some well-meaning person suggests guardianship as a solution, parents will often be ready to file the application and get appointed as their child's guardian. But is guardianship the answer for every situation?
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