Guardianship: Who Can Make a Decision For Your Disabled Adult Children?
Parents of a physically or mentally disabled child must understand that when their child reaches adulthood they are, in fact, an adult. In the eyes of the law these children now have all the rights and responsibilities of an adult. Guardianship of these new adults is not given automatically or implied in any way.
Laws are in place to ensure that these individuals have the same rights as anyone else. IF that child needs help with specific functions in their life, such as medical care decisions or financial decisions, it is required by law that the parents seek a guardian for their now adult child. The guardian can be the parent themselves, someone they appoint, or someone who is appointed by the State.
Because this is a very unique and special type of situation where the rights of the incapacitated person must be protected first and foremost, it is important that any parent wishing to establish a guardian for their disabled adult child speak with a Tulsa guardianship lawyer about their situation.
Guardianship May Have Limitations
State law for individuals considered disabled in any way is designed to help protect their rights to make as many decisions for themselves and live independently as possible. Of course, the Court will take into consideration the type of disability and severity and their capacity to complete these tasks before establishing guidelines for the new guardian.
This can often be a difficult task for parents who have to relinquish some of the control over their disabled child. These parents are used to doing everything for their child and making all decisions for their best interest, which is exactly what parents should do. However, now that these children are adults they must allow them to act as adults and take control of areas of their lives that they have the ability to control.
Because this is such a delicate situation, parents are encouraged to work closely with a Tulsa guardianship lawyer so that the rights of the disabled adult are protected and at the same time, the parents know that their child will have access to any and all assistance they need from their guardian.