Guardianship for Young Adults with Special Needs.
For all of your child's life, you've been there to guide, protect, and make decisions. When your child with special needs approaches the age of eighteen, there is one more decision to make: will he or she need a legal guardian in adulthood?
When a child turns eighteen, he or she is legally considered to have all the rights and responsibilities of any other adult. If your child is not able to take care of himself or herself, then guardianship might be a way for you to continue to provide care and guidance for them. Every situation is different, so the solution for one family might not be the same as the solution for another family.
The law in Texas is designed to protect the rights of the elderly and disabled, and a guardianship, which takes away many rights, can only be granted in certain circumstances. If you are seeking guardianship over your disabled child who is becoming an adult, then you will have to show the court that other legal options, as well as other supports and services, will not be adequate to provide for the welfare of your child. Some young adults cannot fully take care of themselves, but they are not so disabled that a guardianship is required. In such circumstances, the young person may be able to sign a power of attorney that has been carefully explained to them in language they can understand. You can get more information about the process of obtaining a guardianship here.