Guardianship for Individuals with Disabilities over 18 is not your only choice!
I want to post this even though it may seem very boring to some.
Something that I have recently become aware of through one of my classes is that an incredibly large number of parents of children/adults with moderate and severe disabilities are unaware that if they want it, they HAVE to go through the court to claim guardianship when their child turns 18 and get the appropriate legal documents. The court will have to rule that your child is incompetent to make their own decisions (money, personal decisions, property, etc.). If the parents do not claim guardianship, the individual with disabilities is seen as a competent adult. Another important thing to note is that these are NOT the only two options!
Another option, if the individual is ruled as incompetent, is to place them in the guardianship of the state. There are also partial guardianship solutions! You could get a durable power of attorney or a medical power of attorney. These will allow for the individual with disabilities to keep most of their rights as a citizen but would leave the specified financial or medical decisions in the hands of an attorney. You could also acquire a temporary guardianship in emergency instances only.
I want to make it clear what the guardianship options entail. If you want to claim guardianship or the state to have guardianship, the individual will lose all of their rights that an adult would have.
If you do decide that your child is incompetent (simply having a disability does not mean that the individual will be ruled incompetent), you must file a Petition for Guardianship through the court of your child’s county of residence.
I want to stress again that guardianship is NOT your only option and that there are other less-imposing ways to care for an individual with disabilities if it is not completely necessary to claim guardianship. I also posted this because I want parents to know that just because you have a child identified as having a disability, you do not automatically continue being your child’s guardian. This is vital information because if something happens after your child reaches 18 and you have not claimed guardianship, they are held responsible for their actions, or they could be asked to make medical decisions for themselves and so on.