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QUESTION: My son, who has a disability, is turning eighteen and the school has told me it is time to go through the guardianship process. What do I have to do?
ANSWER: There isn’t a simple answer to this question, other than does your son really need a guardian? There is a trend in Michigan to over-use guardianship. Guardianship is a public declaration of a person’s incompetence and a legal decision. It should not be entered into lightly. Just because a person, with a disability, turns eighteen does not mean that guardianship is necessary.
The true intent of planning is that all students with disabilities should receive individualized, coordinated, transitional services beginning around age fourteen. Unfortunately, the issue of guardianship is brought up in such a way that parents conclude it is necessary. Services should be developed to facilitate the student’s transition into the role of an adult member of our society.
These services start with a transitional planning meeting which should include the individual and his/her family, teachers, service providers and other people important to the individual. Some of the areas to be covered during this planning session should be:
· What are the individual’s goals for their life and what is needed for these goals to be pursued? What kind of life does this individual really want? What are his/her hopes, dreams and preferences?
· What experience has the individual had to make choices and decisions? What kinds of experience and training does this person need to strengthen this skill? [The identified experiences/training should be part of the student’s I.E.P.]
· How does the student communicate their thoughts, choices, and dreams? Do all members of this transitional planning meeting recognize the student’s communication pattern and are able to use the student’s input in the transitional process?
When the student nears their eighteenth birthday, the individual, their family and other important people, need to evaluate all areas of the person’s life and come to an agreement as to which areas, if any, really need support through a form of guardianship. Areas of the individual’s life to consider are, legal, medical, financial, residential, educational, vocational, or travel decisions and should be used to promote and protect the individual’s well being.
If a guardianship is necessary, it may be that only partial guardianship is needed in one or a few areas.
Or, it may be that the individual can live a productive life without any guardianship by using the advocacy of family and other supportive people and through such methods as limited bank accounts, representative payee through Social Security, power of attorney or a trust fund.
Before making a decision to apply for guardianship of your eighteen- year-old, consider this information and then call The Arc Kent County to schedule an appointment to discuss options that would be best for your young adult.
Information provided by Sherry Jones, Program Coordinator, Community Advocates for Persons with DD
More information about Guardianship is available at
Information specific to Michigan is available at
Guardianships & Alternatives to Guardianships
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