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Guardianship isn't the only option — and for many families, it shouldn't be the first

💡 Guardianship removes nearly all legal rights — explore less restrictive alternatives like supported decision-making and power of attorney before defaulting to full guardianship.

When a child with a disability turns 18, they are legally an adult — even if they still need significant support. Many parents assume the next step is full guardianship, where a court grants you legal authority to make decisions for your adult child. But guardianship is the most restrictive option, and there are alternatives that preserve your child's autonomy while still providing protection.

Full guardianship removes nearly all of your adult child's legal rights — the right to vote, to marry, to make medical decisions, to sign contracts. For individuals with profound intellectual disabilities who truly cannot make decisions with support, it may be necessary. But for many others, it's more than what's needed.

Less restrictive alternatives include: A power of attorney, where your child voluntarily grants you authority over specific decisions (medical, financial). Supported decision-making, where your child retains their rights but has a team of trusted people who help them understand options and make informed choices. A representative payee for managing Social Security benefits. A healthcare proxy for medical decisions only.

The ideal approach is to maximize your child's involvement in decisions at whatever level they're capable of. A young adult who can't manage a bank account might still have strong opinions about where they want to live and what they want to eat for dinner. Respecting those preferences isn't just kind — it's a matter of dignity and human rights. Consult a special needs attorney who understands the full range of options, not just the default one.

⚖️ Guardianship isn't the only option — and for many families, it shouldn't be the first — BeCuriouz