The Evaluation Process for 17-A Guardianship

The day your child turns 18, the law doesn't see your child the way you do. No matter their level of intellect or social ability, the court will only respect their medical, financial, or educational decisions.

Guardianship is not a "one-size-fits-all" solution. Before you file paperwork, a psychologist will determine your child's ability with an evaluation. Some questions that they may use to determine their level of functioning include:

• What would you do if you smelled smoke in your house or heard a fire alarm?

• What would you do if you were at the store and realized you lost your wallet or keys?

• Do you know why you take your medicine? What happens if you forget to take it?

• If I told you that you needed a small surgery to fix your arm, do you know what a 'risk' is?

• Can you tell me the names of the doctors you see and what they help you with?"

• Do you know how much a gallon of milk or a new iPhone costs?

• Who helps you make big decisions right now?

• If a friend asked you to sign a piece of paper that gave them all your money, would you do it? Why or why not?

• Do you want your parents to keep helping you with your doctor visits, or do you want to do it all by yourself?

If your child has an intellectual or developmental disability (I/DD), the time to evaluate their path to adulthood isn’t at 18—it’s at 17 and a half.

Reach out to us at the Moskowitz Legal Group for a free initial consultation to determine whether Guardianship may be appropriate for your child.