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Should I apply for guardianship for my disabled adult child?

On Behalf of | Nov 8, 2022 | Uncategorized

When your children in Texas are minors, you control how their lives will progress. But when those children turn 18, it’s not so easy. Complicating matters is when you have adult children who are mentally and/or physically disabled. That situation becomes magnified when determining support for your disabled offspring after your passing.

Considerations regarding young disabled adults

Once someone turns 18, the law gives them the right to make decisions for themselves. However, many disabled are not able to make proper decisions at that age and may never be able to do so, necessitating guardianship as a means of deciding what is best for the individuals in question. Family law provides various legal tools for you to support a disabled adult child, including supported decision-making agreements, powers of attorney and informal supports. Nevertheless, some situations require more comprehensive measures, like guardianship, to protect your child’s interests and safety.

If you apply for guardianship for your adult child, family law indicates that you should allow your child as much independence as possible. Guardianship will only cover some aspects of your child’s life, such as money, medical decisions, housing, voting, etc. Courts want to see that you have explored other measures along with proof that indicates that guardianship is necessary.

Navigating the complexities of probate and guardianships

Parents of disabled adult children want to do right by their offspring. Even though you have years of advocating for them, you may not understand the legalities of probate and guardianships, especially when it comes to providing for your child after your death.

The first step is educating yourself on what Texas law says on this matter. However, you also need to start planning for your child’s future so that you can avoid probate, if possible, and provide for their future well-being.