Understanding Guardianship in Special Needs: Transition to Adulthood
The moment your child with special needs turns 18, your role as their primary decision-maker changes. Legally, they’re considered an adult, which means your rights to manage their healthcare, finances, and other vital aspects of life could be limited. If your child isn’t fully ready to take on these responsibilities, what are your options?
In this post, I’ll break down the essentials of guardianship, explore alternatives, and guide you through practical steps to ensure your child has the support they need.
Why Turning 18 Changes Everything
Once your child turns 18, they are legally recognized as an adult. This shift can be overwhelming for parents of children with special needs, as you may no longer have automatic rights to make decisions on their behalf—even if they require assistance managing their daily life.
This is where the concept of guardianship comes in. But is it the right solution for your family?
What is Guardianship?
Guardianship is a legal process where a court appoints a trusted individual—often a parent—to make important decisions for an adult who cannot manage on their own. In Washington State, the law prioritizes autonomy, ensuring that guardianship is only granted when absolutely necessary (RCW 11.130.001).
Guardianship is a significant decision because it takes away certain rights from the individual. The court evaluates several factors, including the person's ability to manage essential needs like healthcare, safety, and finances. Attorney James C. Bates, Esq., emphasizes that guardianship should only be considered when no less restrictive alternatives exist. It’s not determined by past educational accommodations or diagnoses, but rather by the individual’s current ability to function independently.
Is Guardianship Right for Your Child?
While Guardianship can provide necessary oversight, support, and much needed safety for some individuals, it isn’t the best option for everyone. The process of seeking guardianship is often complex and usually involves hiring an attorney to file a petition with the superior court, from there several key factors will be considered.
Before heading down this path, you may want to consider asking yourself the following:
Can my child meet their essential needs for health, safety, and self-care?
Do they need a guardian or conservator to prevent harm to themselves?
Can an alternative option provide the support they need while preserving their independence?
These questions are critical because guardianship, once granted, is difficult to reverse and involves ongoing court oversight.
Alternatives to Guardianship
If you still aren’t sure or aren’t ready to take the leap to guardianship just yet, there are alternative supports you can put into place that are less restrictive while still allowing you as the parent to continue to act on behalf of your adult child.
Here are a few options:
Power of Attorney (POA): This allows your child to appoint you or someone else to make decisions on their behalf in specific areas like healthcare or finances.
Supported Decision-Making Agreements: This enables your child to make decisions with the support of trusted individuals.
Representative Payees: If your child receives government benefits like Social Security, a representative payee can manage these funds without the need for guardianship.
These alternatives provide a way to support your child while still allowing them to retain some control over their life.
Resources to Help You Plan
While this blog isn’t intended to provide legal advice, it's important to consult professionals and resources with expertise in guardianship and its alternatives when navigating this transition. Additional information for guardianship in Washington State can be found at the following resources:
Revised Code of Washington (RCW 11.130.001)
Washington Courts - Guardianship Portal
Washington Courts Information Session for Lay Guardians
The Pierce County Coalition for Developmental Disabilities (PC2) (Legal Series - Recorded Webinar)
The Arc of Washington (Guardianship - Recorded Webinar)
Informing Families: Washington Adult Guardianship Law
Occupational Therapy Can Help, Too!
Occupational therapy, particularly when focusing on executive functioning, can help your child develop the skills needed for greater independence as they transition into adulthood. Teletherapy is an excellent solution if transportation is an issue, and services like I offer at School Skills & Beyond provide virtual support across Washington State, including Tacoma, Seattle, and Bellevue.
Conclusion
Planning for your child’s future is never easy, but you don’t have to do it alone. Along with considering guardianship or other alternatives, it’s important to focus on skill development for greater independence. Occupational therapy, especially with an emphasis on executive functioning, plays a crucial role in preparing your child for adulthood.
As always, I’d like to be clear that this blog post isn’t intended as professional therapy or legal advice. If you’re in need of support, please consider speaking to a professional for an evaluation.
You are also welcome to explore my executive function skills services or contact me to see if I might be able to support you as you journey forward.
