Guardianship is a legal relationship between a competent adult (also called the 'ward') and a person over the age of eighteen whose disability causes incompetency.  Parents who have a child with a disability often assume that they can continue to be the legal guardian during the child's entire life. However, once the child reaches the age of eighteen, the parent is no longer the child's legal guardian regardless of a disability.

Legally, an adult is presumed competent unless otherwise deemed incompetent after a competency proceeding.  The act of giving reasoned and well-informed consent when making a decision may be beyond the child's ability.  If your child is incompetent, then you will have to hire an attorney and file a petition for guardianship. You also may have to pay for the fees for the guardian ad litem. This person is also an attorney, who is appointed by the Court, and protects the interests of the incompetent adult.  The guardian ad litem will interview the other adult family members in the home and may ask to talk to the child and visit their living space or room. Families should expect to pay up to $5,000 or more for both attorneys’ legal fees and applicable court fees.

Guardianship is a legal relationship between a competent adult (also called the 'ward') and a person over the age of eighteen whose disability causes incompetency.  Parents who have a child with a disability often assume that they can continue to be the legal guardian during the child's entire life. However, once the child reaches the age of eighteen, the parent is no longer the child's legal guardian regardless of a disability.

Legally, an adult is presumed competent unless otherwise deemed incompetent after a competency proceeding.  The act of giving reasoned and well-informed consent when making a decision may be beyond the child's ability.  If your child is incompetent, then you will have to hire an attorney and file a petition for guardianship. You also may have to pay for the fees for the guardian ad litem. This person is also an attorney, who is appointed by the Court, and protects the interests of the incompetent adult.  The guardian ad litem will interview the other adult family members in the home and may ask to talk to the child and visit their living space or room. Families should expect to pay up to $5,000 or more for both attorneys’ legal fees and applicable court fees.

In order to protect children from unscrupulous individuals who may exploit the child's inability to make informed choices, it is necessary for families to familiarize themselves with the various legal options available to protect a disabled child in adulthood.

It is important to remember that once a child turns eighteen, if the parent is not the child's legal guardian, then he or she will have no right to the child's medical information because of the Health Insurance Portability and Accountability Act (HIPAA). For example, parents might not be able to make appointments for their child or receive medical testing results.

In order to protect children from unscrupulous individuals who may exploit the child's inability to make informed choices, it is necessary for families to familiarize themselves with the various legal options available to protect a disabled child in adulthood.

It is important to remember that once a child turns eighteen, if the parent is not the child's legal guardian, then he or she will have no right to the child's medical information because of the Health Insurance Portability and Accountability Act (HIPAA). For example, parents might not be able to make appointments for their child or receive medical testing results.

If a family is moving to a new state and has already established guardianship, it is important to research whether the guardianship is transferable between states.  Guardianship is not transferable between all states and may require a family to reestablish guardianship after the move.  Reestablishing guardianship in the new state should not be as expensive as establishing it in your previous home state.

If a family is moving to a new state and has already established guardianship, it is important to research whether the guardianship is transferable between states.  Guardianship is not transferable between all states and may require a family to reestablish guardianship after the move.  Reestablishing guardianship in the new state should not be as expensive as establishing it in your previous home state.

Parents should contact their installation's Legal Assistance Office to receive additional information about becoming a legal guardian. Contact information for Legal Assistance Offices is available through MilitaryINSTALLATIONS.

Parents can also call Military OneSource at 1-800-342-9647 to speak with a special needs specialty consultant. Consultants cannot provide legal advice, but they can research local, qualified attorneys who can assist parents with their guardianship questions.

Parents should contact their installation's Legal Assistance Office to receive additional information about becoming a legal guardian. Contact information for Legal Assistance Offices is available through MilitaryINSTALLATIONS.

Parents can also call Military OneSource at 1-800-342-9647 to speak with a special needs specialty consultant. Consultants cannot provide legal advice, but they can research local, qualified attorneys who can assist parents with their guardianship questions.