As a parent of a child with special needs, the transition to adulthood can feel overwhelming—especially when it comes to legal matters. One big question many families face is: What happens when my child turns 18? This is where guardianship for adults with disabilities comes in.
When your child turns 18, you no longer have automatic legal or decision-making authority over them. This is true even for children with special needs. If you determine that it is in your child’s best interest to retain the same type of authority you had when your child was a minor, you will need to petition for guardianship.
What is Adult Guardianship?
Guardianship is a legal process in which a court appoints someone (usually a parent or caregiver) to make decisions for an adult who is unable to make decisions for themselves due to a disability, illness, or cognitive impairment. The person under guardianship is called the ward, and the person appointed to help is the guardian.
This legal relationship gives the guardian authority to make decisions in specific areas of the ward’s life—such as healthcare, living arrangements, education, and finances.
Types of Guardianship
There are several types of guardianship, depending on the needs of the individual:
- Full Guardianship – The guardian makes decisions about daily life, medical care, living arrangements, and education. This is very similar to the authority a parent has when their child is a minor.
- Conservatorship – The guardian handles financial matters like income, benefits, savings, and property. This is used when the ward has significant property that needs to be protected and managed by another person.
- Limited Guardianship – When an individual can make some decisions but needs help in specific areas, the court can limit the guardian’s authority to just those areas. Driving and voting are two areas where a person under limited guardianship may retain rights.
When is Adult Guardianship Considered?
Parents often begin thinking about guardianship when their child is nearing adulthood and it becomes clear that they may not be able to make safe or informed decisions independently. Guardianship is generally considered when a person:
- Cannot manage their own medical care or make informed healthcare decisions
- Is unable to handle finances, pay bills, or avoid financial exploitation
- Would be unsafe living alone or choosing their own living arrangements
- Has significant intellectual or developmental disabilities that impair decision-making
- Is easily influenced or manipulated by others
These situations can put a person at risk, even if they don’t look “disabled” on the outside. Guardianship is not meant to limit someone’s freedom unnecessarily—it’s meant to provide protection when it’s truly needed.
The Role of Guardianship
Guardianship can be a powerful tool to help protect your adult child and ensure they receive the care and support they need. But it also takes away some of their legal rights. They do not have the same full legal rights as an emancipated adult. That’s why guardianship should be considered carefully—and only when less restrictive options aren’t enough.
How Guardianship Works
If you decide guardianship is necessary, here’s what the process typically involves:
- Filing a Petition – You’ll submit documents to the court asking to be appointed guardian.
- Evaluations and Notice – The court may order a medical exam and will notify other interested parties (like family members).
- Court Hearing – A judge reviews the evidence and decides whether guardianship is appropriate and, if so, what kind.
- Ongoing Responsibilities – Guardians are usually required to file reports and updates with the court.
Each state has different rules, so be sure to work with someone familiar with your state’s laws.
Final Thoughts
Guardianship can provide essential protection—but it also takes away important rights. That’s why it’s so important to understand your options and evaluate what is best for your family. In some cases guardianship is the answer. A thoughtful legal plan can help ensure your loved one is safe, supported, and treated with dignity.
Have questions about guardianship?
We’re here to help. Our team can guide you through the entire process, from start to finish. Reach out today to schedule a consultation and get the support you need to make informed, confident decisions for your family.
I am not an attorney and this post does not constitute legal advice. The information provided is for educational purposes only. Please consult a qualified attorney in your state for advice specific to your family’s situation. For more information, please visit my disclaimer page.
