When Should I Establish Guardianship for My Special Needs Child?

Parents of special needs children have more complicated challenges than other parents, with one of the primary challenges being the establishment of guardianship for their children. Often, parents focus on the immediate needs when they are children, ensuring they have a plan for who will care for their children if they cannot do so themselves.

However, as children and parents age, the question changes from who will care for them as minors to who can be appointed in the guardianship of their special needs child as an adult. It’s essential to start making these plans when your child comes of age as an adult because you never know when a tragedy or health issue could strike. Plans like these must be ready to use at a moment’s notice.

That’s why it’s ideal to work with knowledgeable and experienced attorneys like The Hatchett Law Firm, who have handled many types of guardianship cases for parents with special needs children and can provide a wealth of options and support.

What is the Process for Establishing Guardianship for Special Needs Adults?

It’s vital to start the guardianship process early as the court process can be a challenging and lengthy experience. The court takes guardianship very seriously because granting guardianship means transferring your child’s legal rights to someone other than them, which is never taken lightly. In fact, the first part of the guardianship process is establishing whether guardianship is genuinely in your child’s best interests.

That includes gauging the level of disability your child displays and whether the court agrees they require guardianship, determining if your child has someone they want as their guardian, and establishing that you have looked at and considered other options and alternatives to guardianship.

Regarding things that need to be gathered and accomplished for guardianship, the first is to get documentation from the child’s medical professional about which factors in their life they would need supervision and assistance. This can include everything from basic survival skills like eating and getting dressed to more intricate skills like driving a vehicle to complex knowledge-based skills like handling finances and making money decisions.

Once this information is assembled, your attorney can petition the court regarding the guardianship. At that point, the court will appoint an attorney ad litem, an attorney assigned to advocate for your child, to establish many of the determinations mentioned earlier.

If the court grants guardianship, the court considers the child’s wishes as to who that would be (if the child is capable). The guardian is then given a letter of guardianship that grants them decision-making abilities and can be used as proof for places like schools, banks, doctors, and government organizations.

Who is Eligible for Guardianship of My Adult Special Needs Child?

Ultimately, the truth is that almost any adult can be named guardian for an adult special needs child. However, even though nearly anyone can do it, there is still a specific order or preference that the court follows to give certain categories of people priority over others.

The person most likely to be granted guardianship of a child that has become an adult is the parent(s), followed by the next of kin and finally, any non-relative. This order reflects the amount of time, effort, and care that has been exercised for the ward, as well as the closeness of the relationship and likelihood of trusted status.

However, it is important to remember that some parties may not be eligible if there have been financial or criminal issues. For instance, if the potential guardian has certain criminal convictions or owes the ward money, they may not be chosen for guardianship.

Do I Need an Attorney to Arrange Guardianship for My Special Needs Child?

While there are several legal tasks that the average person can and often does handle without the assistance or necessity of an attorney, guardianship is not one of them. It involves a level of complexity that requires legal and ethical experience. Not all lawyers are allowed to handle guardianship matters. In Texas, your lawyer must be certified to by the State Bar to handle a guardianship matter.

You have your child’s best interests at heart in your decisions, and you should expect that of any legal system as well. Texas law requires that you have legal representation and assigns an attorney ad litem to your child so they have competent legal representation as well.

The process of establishing guardianship for an adult with special needs can be a decision fraught with high emotions and complicated choices. That’s why having a compassionate attorney with extensive experience in the arena of guardianship is vital to getting a result for yourself and your child that will give you the confidence and peace of mind that your child will be well taken care of even in the years after you are unable to do it yourself.

Don’t trust one of the most important decisions you can make, not only for yourself but also for your child, to someone who doesn’t have the knowledge you need and the empathy to recognize the best decision for your family. The Hatchett Law Firm can be that knowledgeable and compassionate partner who stands by your side and provides the legal experience needed to make vital decisions. Call us at 281-771-0560 so we can get started helping you today.