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.
People with Disabilities - 3 Answers
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1 :
It's good you are looking for alternatives to a guardianship or conservatorship. There are alternatives, such as powers of attorney, etc. Your son would have to have capacity to sign such an instrument, however--which he may, even if he may not have capacity to make complex medical decisions. Here's a link to a document that discusses some alternatives. It's for California, but should be of help in giving you general ideas: http://www.courtinfo.ca.gov/programs/equalaccess/documents/regional08/conservatorships/alternatives.pdf You don't necessarily need an attorney; but, I'd advise at least consulting with one.
2 :
I have two children with disabilities. They are very different from one another. My 26 year old son has Down syndrome. He listens to me and accepts what I offer as support. He sometimes chooses to do things differently than I would, but when a situation is important he knows that to let me make the decisions. For him I have a power of attorney and a medical health care proxy and a special needs trust. All 3 cost $1,500 to set-up. He still signs for himself. He still makes his own medical decisions. What this allows me to do is to step in in the event he cannot make a decision because he is unconscious/confused/doesn't understand or because he asks me to. This also allows me to talk on his behalf to the telephone company and credit card companies and banks. The trust is essential so that any money he might inherit is not a negative effect on his SSI. All of this was done by a lawyer who specializes in Special Needs Trusts - and that is critical. My daughter/niece is very different. She is 18 and has a mental illness. She is unable to consistently make good decisions. For her I went to court and filed to become her guardian as she is an incompetent adult. The guardianship lasts for one year and must be renewed. The initial guardianship and special needs trust cost $2,500 as it entailed a court appearance. Follow-up guardianship hearing will not require my lawyer unless she decides she wants to fight the guardianship. I hope some day she will not need me to be her guardian. You can also have permanent guardianship - and this is the wrong thing to do in my estimation for anyone - unless they are elderly. If you are your child's guardian and something happens to you and whoever follows you as designated guardian - and your child's situation changes as they grow much older (middle aged) they may be stuck with little recourse with a state appointed guardian. If they could be like your son- able to make decisions with support on their own, they might not be able to fight a guardianship even though they don't really need one. So investigate lawyers and find one who SPECIALIZES in Special Needs Trusts. Don't just get one who says they know what they are doing and can do. Get someone experienced. They must be done correctly or they won't be recognized for SSI purposes. They will for very little more have your sign papers making you his Medical Health Care Proxy and Power of Attorney. YOU CAN do these with $20 forms from any office supply store, but I was told that given that someone could challenge your son's competence, it is best to have a lawyer involved. Added: No one understands everything they sign. That's why people have advisors. My son is competent enough to know that I can be his best advocate and advise how to make decisions - my daughter does not. Oh and legally, anyone CAN talk to you, or you can even make decisions for him - as long as he is there and agrees. You run into a problem when things need to be signed or with discussions on the phone.
3 :
pproviders can legally speak to you if he gives them permission.. they are actaully talking about making laws saying its okay to contact an adult college studnets parents under certain circumstances.. and you can always have the =guardianship removed/modified when he is older
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