Guardianship regarding those with disabilities

[Guest guest]

HI all

This topic has been explored here and on other lists that I am on for those with disabilities.

I have wondered about this over and over again.

Well, tonight I went to a seminar at our Center for Independent Living, which was with a female who is an attorney and has TWO with disabilities of her own.

She suggested that one NOT get into the Guradianship legalities, unless you MUST.

There are some reasons why and she herself does not have a Guardianship for her son who is high functioning Autism and age 20.

She gave me some legal papers that most attorneys would charge 500$ for she said. These can be photo copied and can be used by any members of our family. The first one is a HEALTH POWER of ATTORNEY which can be used for anyone, even an adult for indicting who we wish to carry out our health and future medical decisions, should one become incapacitated. The other one is a PROPERTY Powere of Attorney. She said that if I wanted one for the schools , when he turns 18 for the next IEP which is around his next birthday when he turns 18, I can write up my own contract and have my son sign it and have him give me power to attend his meetings, to discuss anything educationally with the schools etc. This prevents them from ASKING the child just prior to the IEP if they " want mom there." Let's say that day that child has a bad day and is mad at mom, and answers, " NO, do not invite her to my IEP meeting, I am 18 now and do not want her there." Well, this document that I would have him sign in advance, in a family meeting, would give me the right to go and talk and attend any meeting pertaining to his education at the school or when he goes to college.

Guardianship is NOT recommended for one reason because each time you seek to do something, once you have it, be it put a child or parent in a Nursing home or residential treatment center etc, you must still go to Court to get that permission. There are other things such as the cost and that it takes away the child's rights in some ways. Also, once you get Guardianship, it is almost impossible to revoke it, she said. Only one parent can be the guardian, the other has to be the person to be the successor in case that parent passes away or whatever.

I was so interested to learn all kinds of things and I know I am skipping things and not sure if certain things pertain state to state, but I learned a lot.

in Illinois

[Guest guest]

Thank you , I was contemplating those same issues with my 22 year old brain damaged daughter who is pregnant.

Kernan

Biofeedback Therapist.

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