Guardianship Alternatives
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When a child turns 18, he or she becomes 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.
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 adult child to be able to make as many life decisions and have as much independence as possible. Sometimes, however, an adult child is unable to manage proper self-care, communicate needs and desires, and maintain safety and welfare. 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 adult child’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.
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.
Power of AttorneyAn adult child 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 adult child can remove or change the power of attorney at any time (voluntary written letter, notarized).
Supported Decision Making (SDM)The individual chooses a team of others as part of a support network to help him or her 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
Again, the above options are provided so that you and your loved one may make an informed choice best suited to your situation. 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.
