When your child with special needs turns 18, they legally become an adult. This transition brings significant changes in their legal status and decision-making rights. Suddenly, you may find yourself unable to access your child’s medical records, make health care decisions or manage their finances without their explicit permission.
However, if your child struggles to make informed decisions independently, this new dynamic can be a challenge for both of you. This is where guardianship planning comes in – a crucial step that allows you to continue providing the care and support your child needs, even after reaching legal adulthood.
Types of guardianship for children with special needs
In Maryland, there are three guardianships available for children with disabilities. Depending on your child’s specific needs, you may consider the following:
- Guardianship of the person: This type focuses on personal decisions. If you are the designated guardian for this, you will make choices about your child’s living arrangements, education and health care.
- Guardianship of the property: This guardianship will enable you to manage your child’s financial resources, including income, assets and property. You will handle tasks like budgeting, paying bills and making investment decisions on your child’s behalf.
- Guardianship of the person and the property: This option combines both personal and financial decision-making powers. Through this type of guardianship, you will oversee all aspects of your child’s life, from their daily care to long-term financial security.
The guardianship process begins with filing a petition in the circuit court where your child resides. The court will then evaluate your child’s needs and capacity to determine the most appropriate type of guardianship for your family’s situation.
Ensuring your child’s lifelong well-being
Guardianship planning signifies your commitment to securing your child’s future. It is a legal process that allows you to continue being your child’s strongest advocate, even as they enter adulthood. By starting your plan early, you ensure that there will always be someone who will take care of them no matter what happens.
