Supported Decision Making, Power of Attorney, and Guardianship
When children turn eighteen, parents are not automatically still the guardians of their child. At age eighteen there is a transfer of rights to the young adult. The young adult becomes the main decision maker their own life. Below are options to help you decide the best way to support your young adult.
According to the Center for Public Representation, Supported Decision Making allows people with disabilities to make choices about their lives with the help of a team of people they choose. This allows people with disabilities to maintain their rights.
How does Supported Decision Making work?
-
The individual identifies areas where he/she will need support (medical, financial, employment) and the type of support needed.
-
The individual builds a team of support people they trust.
-
The support people commit to providing help so the individual can make their own decisions.
-
The support team and the individual will create a Supported Decision Making agreement.
Supported Decision Making has been found to be an effective alternative to guardianship. Individuals also experience an increase in pride, happiness, and self-confidence.
For more information, please visit the following websites:
American Civil Liberties Union
Center for Public Representation - Supported Decision Making
According to the Learning Disabilities Association of America, a POA is a document that an individual (often called the “grantor”) executes in order to appoint a trusted friend or family member to act for the grantor. The person appointed is called the “attorney-in-fact” or the “agent” of the grantor. Often, a second person is designated to act as attorney-in-fact, in the event that the first person cannot perform the duties. An attorney-in-fact does not need to have a law degree or a law license.
A POA can be general, or it can set forth specific functions that the attorney-in-fact may perform. These areas include personal matters, financial decisions, and medical affairs. There may be one comprehensive POA granting the attorney-in-fact the authority to act in all of the specified areas, or there may be separate POAs for each area.
​
For more information, please visit the Learning Disabilities Association of America website.
Guardianship is a legal process that gives the guardian permission to take care of and make decisions for an incapacitated adult. This process should be started 3 - 4 months before the student turns 18.
​
When a child reaches age 18, and is incapable of making their own legal decisions, their parent (or parents) must apply for legal guardianship in order to be able to make decisions on behalf of their adult child.
​
A guardianship or conservatorship should be used only as a method of last resort and be considered only after all other lesser restrictive alternatives have been explored.
​
For more information on guardianship, please visit the Special Needs Financial Planning website.
​
Please be advised that Blue Valley School District does not endorse or recommend any particular attorney or agency. This is just a listing of some of the attorneys and/or agencies that are known to have assisted with guardianships or power of attorney documents in the past. This is simply for your information and is not an all-inclusive listing.