What happens when a child with a disability turns 18? The law says they are officially a legal adult, regardless of their disability, or their ability to independently handle their daily physical, social, medical, or financial care. For many situations, this legal change in status makes little to no sense, and can be detrimental to the young adult child with a disability.
For parents who know their young adult child with a disability is not capable or yet ready to handle the responsibilities of being an independent adult, seeking a limited conservatorship over their young adult child with a disability makes a lot of sense.
A limited conservatorship allows the parents of a child with a disability to essentially continue on as ‘guardian’ over their young adult child with a disability and have care, custody, and control of their young adult child with a disability. Parents must go through a court process to request such powers be legally granted to the parents, and in turn taken away from their young adult child.
Here are several powers a court may grant parents over their young adult child with a disability:
- Fix the residence or specific dwelling of the young adult child.
- Have access to the confidential records and papers of the young adult child.
- Control the right of the young adult child’s right to enter into contracts.
- Give or withhold medical consent regarding the young adult child.
- Make decisions regarding education of the young adult child.
- Consent or withhold consent to marriage of the young adult child.
- Control the young adult child’s social and sexual relationships (however courts are very reluctant to grant this specific power.)
Additionally, the court may grant powers to the parents over money or assets belonging to the young adult child.
For more information about conservatorships, and whether this is something your young adult child may benefit from, contact your Newport Beach Estate Planning Law Firm today. Meier Law Firm attorneys can help you understand the conservatorship process and help you decide if a conservatorship, or other legal alternatives, are best for you and your young adult child with a disability.
We also want to offer you our free report that details everything you must know about Limited Conservatorships. Call our Client Services Director, Bonnie Johnson at 949.718.0420 or email her at [email protected] to request your free report, or to schedule a private session with a Meier Law Firm attorney to discuss your options.