Sunday, October 28, 2012

Do you have power of attorney or health care proxy of your Disabled (special needs ) 18+ Child


Do you have power of attorney or health care proxy of your Disabled (special needs ) 18+ Child ?
My son is going to be 18 .I have a few questions .He has multiple diagnoses . On some levels he is age appropriate but on life skills he is bordering 14/15.Now i don't want on his 18th birthday to declare him incompetent because he isn't. I don't want guardianship of an adult child . But he will NEED assist with legal documents college apps Doctors appointments medication management. so i am going to need documentation that i can sign his signature for him and make legal decisions for him and permission to speak to me now that he is an adult .So what steps did you take ? Did to get power of attorney and health care proxy ? did you need a Lawyer or advocate ? or is there another solution ? Thank you . Okay to clarify He doesnt comprehend things he is sighning .Legaly after 18 providers and such CANT speek with me as he would be an adult .Yes he can take his own medications as he does but the decision making when he is asked by he providers are not clear to him.
Special Education - 2 Answers


Random Answers, Critics, Comments, Opinions :
1 :
You need a disability lawyer. As long as he has some mental incapacity, he is NOT legally able to sign a contract. Better to have a Guardian ad Litem or you to handle his affairs.
2 :
I have a sister with Down syndrome, and while she is fairly high functioning (reads very well, travels independently by public transit), she is clearly not able to give legal consent. I got an attorney and went to court to become her legal conservator. My sister did agree to this process, which made it much easier than if she had contested it. Conservatorships can be made very specific to the needs of the person, so that the conservator doesn't need to be involved in all decisions. In my sister's case, I am involved in decisions about her financial affairs, health, and living situation. I am not sure if having Power of Attorney is what you want in your case. I do have PoA for my mother, but unlike the conservatorship, I am permitted to make certain decisions for Mom's benefit, but the agencies she deals with are not obligated to contact me. So I don't necessarily find out about things she has decided to do until after she has done them, if at all. I would really suggest that you contact a knowledgeable attorney. I got a referral for a lawyer who was experienced in conservatorships for people with special needs by calling my local Arc office.





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