Guardianship and Special Needs Individuals
What is Guardianship?
Guardianship is the court process used to obtain the power to take care of your adult special needs child. To guarantee that you can make important life decisions for your adult special needs child, including medical decisions, you likely will need to obtain a guardianship through the court.
It is recommended that you consult with an attorney to review your child’s special needs to determine if guardianship is appropriate. You can hire an attorney to file the court paperwork, or some families choose to navigate the court system on their own.
Timing of obtaining a guardianship is important. You can file with the court when your special needs child is 17.5 years old to become effective when they turn 18. Planning in advance ensures that you will not need a costly emergency court proceeding and also ensures that the child’s needs will be met.
There also are other circumstances when the guardianship process is appropriate. For example, a grandparent or other family member may need to step in for the current guardian or situations may change for adults requiring someone to make decisions on their behalf.
For More Information
If you live in the Greater Phoenix area, more information about the Maricopa County Superior Court’s guardianship process, including forms, may be found at the link below.
Finding the Right Professionals
Selecting the right attorney, planner or other professional is vital in planning for the future of a special needs child. The following resources are designed to help you make the right choice: