Guardianship Alternatives
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When a child turns 18, they become a fully independent adult with important choices to make in the areas of health, education, finances, and residential living. Legally, the individual can refuse the parents’ involvement in these decisions. This is a normal and desirable stage for most young adults, but it can cause some concern among parents of youth with special health care needs. Planning for adulthood should start early to minimize potential challenges and ensure a smooth transition. Early planning allows families to explore various options, identify resources, and establish a support network that will assist the young adult in navigating their new responsibilities.
Fortunately, several options exist to help adults who have disabilities or other special health care needs with decision-making, including power of attorney, health care representative, and varying levels of guardianship. Generally, parents will want their young adult to be able to make as many life decisions and have as much independence as possible. Sometimes, however, a young adult is unable to manage proper self-care, communicate needs and desires, and maintain safety and welfare. Identifying the individual's strengths and where support is needed or wanted is important in choosing the most appropriate decision-making arrangement. Indiana Disability Rights has assessment tools that can help. The range of assisted decision-making options offer solutions for families in all sorts of situations—and can be used in combination. These options can help maximize the young adult’s self-direction and independence while still providing an appropriate level of assistance. Health Care RepresentativeA person selected by the person with special health care needs to handle health care decisions if the person is incapacitated (voluntary written letter/form). Indiana’s Advance Directives Resource Center can provide more information.
Power of AttorneyA young adult who is competent can appoint someone as their power of attorney voluntarily, as someone who can make decisions for them if they are incapacitated. The young adult can remove or change the power of attorney at any time (voluntary written letter, notarized).
Education Decision-MakingA student’s rights transfer to the student at the age of majority (18), if no guardianship is in place that prevents this. A special rule allows the school to appoint a parent or other person to represent the student’s educational interest if the school determines the student is not competent to do so. More information can be found in Article 7 under Rule 43.
Supported Decision Making (SDM)The individual chooses a team of others as part of a support network to help them make decisions. SDM is the least restrictive option and promotes self-determination and independence. SDM is a formal agreement; however, notary is optional. For additional information and assistance with SDM, visit: https://www.in.gov/idr/sdm/index.html
The Indiana Department of Education does require a case conference committee to discuss supported decision-making and other alternatives starting in 8th grade or when a student is 14 years old. Again, the above options are provided so that you and your loved one may make an informed choice best suited to your situation. Using LifeCourse tools may be helpful in planning which of these options may be a good fit. If these options do not meet your family’s needs, varying levels of guardianship may be considered. See Indiana Family to Family’s Fact Sheet “Guardianship” for additional information. |
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Programs and systems change often. It is important to ensure that you are using the most current information. Please check https://www.inf2f.org/fact-sheets.html for the most recent edition.
This fact sheet was supported by the Health Resources and Services Administration (HRSA) of the U.S. Department of Health and Human Services (HHS) as part of an award totaling $96,750 with 89% percent financed with nongovernmental sources. The contents are those of INF2F and do not necessarily represent the official views of, nor an endorsement, by HRSA, HHS, or the U.S. Government. For more information, please visit HRSA.gov.
This fact sheet was supported by the Health Resources and Services Administration (HRSA) of the U.S. Department of Health and Human Services (HHS) as part of an award totaling $96,750 with 89% percent financed with nongovernmental sources. The contents are those of INF2F and do not necessarily represent the official views of, nor an endorsement, by HRSA, HHS, or the U.S. Government. For more information, please visit HRSA.gov.
