How is Guardianship determined?
The least restrictive option for personal decision making should be pursued, prior to guardianship being considered. There may be individuals where lessor restrictive options are appropriate, such as supported decision making. Determining whether a person requires a legal guardian or financial conservator at the age of 18 is a process that starts before the person's 18th birthday. Discussion among family members, friends, and team members regarding this important decision should happen long before the necessary court action occurs.
Upon turning age 18, your child becomes a legal adult with all the rights and responsibilities of any other adult. If you have concerns that your child's judgment or decision-making is a threat to their welfare, or ability to make responsible personal and financial decisions, you may wish to request the court to assign a designated conservator or guardian. This is a legal process, done in court, and financial help may be available. A guardian or conservator may be a relative, another individual, or an agency. Without a legal guardian assigned by the court, all persons are responsible to apply for their own services.