Guardianship

Imagine my surprise when I received a note from my daughter's school that I would not be able to attend her IEP meeting without her permission because she had turned 18 and I was not her guardian. Secretly I was hoping she said I couldn't come because honestly, after 12 years of them for both girls along with multi-factored evaluations and a multitude of other assessments, I was tired and had begun to detest them. I was tired ya'll! During that same time, she had a doctor's appointment and I was told I could not attend the appointment with her because she was now 18. I mean really, it sounded kind of crazy, afterall, I am her mother and I have been doing these things all her life, she's still in school, I'm still responsible for her, what changed all of a sudden? Throughout her growing up, I had heard from different professionals the need for guardianship, but I put it in the back of mind and decided to deal with it when the time came. Now was the time because she's 18 and considered an adult.

According to the National Guardianship Association, a guardianship is a legal process that is utilized when a person can no longer make or communicate safe or sound decisions about her person, property, or who has become susceptible to fraud or undue influence. Some of the responsibilities a guardian has to give consent to and monitor:

-medical treatment and non medical services

-the release of confidential information

-make decisions and monitor the persons residence

-act as their representative payee

-make end of life decisions

-complete an annual report to send to the court

Although my daughter can make most decisions on her own, and I never make a decision on her behalf without talking it over with her, there are some aspects of her life that she needs help with and I felt it best in our situation to file and become her guardian.

The process for me was quite simple. We had a licensed clinical counselor from our county board of developmental disabilities who is familiar with her complete a report. There is a portion that I had to complete. These forms along with a fee of $150 are mailed to the court and a court date is set.

On the court date, I did not know what to expect, but it was very simple as well, the judge invited me into her chambers and we talked, She asked me a few questions about myself and my daughter, completed the paperwork and granted the guardianship.

I received the stamped paperwork from her clerk in the mail a few weeks later. The forms are dated with a case number and state that I am her guardian. They are signed by the judge and the deputy clerk. I also received a financial institution letter that I can take to the bank with me.

Once a year I receive a notice for an updated report from the licensed professional who completed the report and a notice from the court. I mail or return in person the updated report along with a $5 fee and receive an updated guardian letter.

Honestly, I have only had to submit or use them a few times. If I am taking her to a new doctor, I make sure I have them in my purse just in case they ask. I had to submit them to her medical insurance company in order to speak to them on her behalf.

For us, it has been a very simple and easy process and I am thankful for the professionals that walked me through it. I decided to blog about this because I have talked with several parents who are making the decision to become a guardian and were not quite sure what to expect. I am writing this blog outlining the experience that we had, if you are confused or just not sure, reach out to a social worker, attorney or another professional who works in this space.