Potential Risks of Pushing Off Guardianship

1. Medical Emergency

A parent no longer has the legal authority to make medical decisions for their child once s/he is 18 years old. If your child lacks the understanding to make an informed decision, the hospital may refuse or delay treatment until they determine how to proceed. Sometimes this becomes a crisis the day of the surgery. Upon needing to consent the doctor feels unethical having someone with limited capacity consent to surgery. 

2. Refusal of Necessary Medical Care

Once a child turns 18, s/he can refuse to take medication or seek treatment when needed.  Without guardianship, parents have little ability to intervene or consent to care, even when the individual's health is at risk. Note: This is not a reason in itself to get guardianship. Ultimately, it is dependent on the child's level of capacity. 

3. Financial Exploitation

An individual with an intellectual disability receives a settlement, inheritance, or benefits. A friend, acquaintance, or scammer convinces them to spend or transfer money. Without authority over financial matters, parents may be unable to prevent significant losses.

4. Illness or Death of a Parent

A parent suddenly becomes ill or passes away. Without guardianship, there is no clear legal structure in place to ensure continued decision-making and protection for the adult child.

Email us at the Moskowitz Legal Group for an initial consultation to start the Guardianship 17-A process.