Expert: Tim Runner - 7/18/2010

Question
I seen in the July 10, 2010, New York Times, Title Motherlode In this article a family right before their autistic son turned 18 yrs had to prove in court they were the best choice as guardian for their son and his adult life.  The court had already appointed an agencey for guardainship..in the end they were granted guardianship over their son. My question is .."Does this happen in every state and/or every family with an autistic child have to go through this when their child starts to turn 18...If you cant find the article I do have it on my facebook friend request that way you can go to my wall and read it.  Thanks

Answer
Sheri,

I am not a lawyer but rather an advocate so I can't really give you legal advice. But based on what I have seen with my Autistic clients, your story just does not make sense. I suspect there was more going on than reported in the story. I have never before heard of the government making parents qualify for being an Autistic child's guardian. I do know that to have control over a special needs child when they turn 18 requires taking legal action. My clients' parents use a lawyer to seek a Conservatorship. At the hearing where the judge decides whether or not to grant it, the parents have to show that it is needed. If the judge does not feel one is needed, they can rule against having one or they can limit what decisions are given over to the parents. All decision making power that is not covered by the Conservatorship remains with the young adult. I suggest you contact a lawyer handling Conservatorships in your area to find out what the requirements are and how to go about getting one.


I wish you the best,
Tim Runner, Advocate
Advocates for Kids
Email: timrunner@cox.net
Phone: (949) 582-3601
You can learn more at my web site:
www.special-education-answers.com
www.education-advocates.com (for DSL and phone)