Adult Child Guardianship

Guardianship for a Child with Disabilities Turning 18

Turning 18 is a milestone for every young person, but for those with disabilities that limit decision-making capacity, it brings unique legal challenges. Parents and conservators who have always managed their child’s care may suddenly find themselves without legal authority to make important decisions. 

If you are the parent or conservator of a child with disabilities that affect their ability to make decisions, you may need to consider guardianship as they approach adulthood. Once your child turns 18, they are legally considered an adult, regardless of their capacity to make decisions.

When and How to File for Guardianship

You may file an application for guardianship up to six months before your child’s 18th birthday. However, the court cannot grant the guardianship until the child turns 18.

This guardianship process follows the same steps as the original formation of the guardianship.

Consider Less Restrictive Alternatives

Before pursuing guardianship, you are required to consider Less Restrictive Alternatives (LRAs). These may include powers of attorney, supported decision-making agreements, or other supports and services that preserve more of the individual's rights and independence.

Work With Experienced Texas Guardianship Attorneys

Guardianship for a child with disabilities turning 18 is a serious decision that requires careful thought, planning, and legal guidance. The guardianship attorneys at Hammerle Morris can help you evaluate whether guardianship or a less restrictive alternative is the best option for your family. With the right plan in place, you can ensure your child’s well-being and protect their rights as they move into adulthood.