Why Your Child With Special Needs Might Need Guardianship by Age 18 in Texas

Parenting a special needs child is a unique journey, one that requires special insight and planning at many different milestones and ages. As your child approaches the age of 18, it’s time to start thinking about guardianship options and your child’s needs. With the help of a family law attorney, you can figure out what the best move is for your family.

When you choose Garza Law Office, PLLC, you can count on compassionate, personalized solutions that meet your family’s needs. Attorney Dora Alicia Garza provides guidance based on your unique goals and circumstances, making it easier for you to provide for your child while still allowing them the appropriate amount of independence. Call us at 956-329-1304 to discuss your options with our family law firm now.

What Happens at Age 18 in Texas?

In Texas, turning 18 means gaining full legal control over your own medical care, educational decisions, finances, and living arrangements. As a parent, you can no longer access your child’s medical records, go to school meetings, or manage their benefits without explicit consent or legal authority granted via guardianship.

This legal cutoff poses significant danger to special needs young adults, hence the need for a family law attorney. A new 18-year-old with special needs may struggle to manage their adult responsibilities or be at risk of exploitation. Addressing these risks with guardianship ahead of time protects them and ensures they continue to get the support they need.

Why Guardianship May Be Necessary

There are several reasons that you may want to reach out to a family law lawyer to discuss a guardianship:

• Access to information and decision-making power: Laws like HIPAA and FERPA restrict parents’ access to their adult children’s information. This protection extends to those with special needs. If your child lives with you, relies on your daily care, and needs you to have access to their information, guardianship makes that possible.
• Protection from exploitation: Young adults with special needs are at grave risk of exploitation by scammers, abusers, and others who would take advantage of them. As a legal guardian, you can protect their financial and personal interests by legally overseeing decisions regarding housing, money, and relationships.
• Navigating the legal system: Once a child turns 17, they are charged as adults within the criminal justice system. This fits into the risk of exploitation; there is no shortage of stories involving young adults with special needs who have been brought into crime rings without their knowledge or consent, simply because they trusted the wrong people. If you are their legal guardian, you can advocate on their behalf.
• Continued services and support: Individuals with special needs can live their best lives with the right social services and support network, but they may have trouble maintaining both without a parent to guide them. When they are placed in a guardianship, you can keep them up-to-date on all required forms, documentation, and other requirements.

Less Restrictive Alternatives to Guardianship

If you are wary of a full guardianship, a family law firm can help you explore less restrictive alternatives. For example, HIPAA and FERPA releases grant you access to health and education information, and medical or financial powers of attorney give you the right to handle certain decisions without full guardianship. Supported Decision-Making Agreements (SDMAs) are another option that allow individuals with disabilities to make their own decisions while still getting assistance and guidance to do so.

Types of Guardianship

If your family law lawyer believes that guardianship is the best option, you can look into two main options: becoming guardian of the person or guardian of the estate. You can also seek guardianship of both. Becoming guardian of the person means being responsible for decisions like housing, healthcare, and personal care. Serving as guardian of the estate involves handling their financial matters.

Starting the Process

It’s recommended that you begin this process fairly early. Guardianship takes time, and starting about six months ahead of time can help ensure that there’s no gap in decision-making authority. By working with an attorney early, you can ensure that you have the proper medical evaluations and documentation needed to request guardianship in court.

Find Out How We Can Help

If you’re ready to move forward with guardianship, let’s talk about your next steps. Call us at 956-329-1304 or connect with us online to schedule a consultation.

Dora Alicia Garza

Dora Alicia Garza is a seasoned attorney based in Texas and the Founder of Garza Law Office, PLLC. She has built a respected practice across multiple areas of law, including criminal defense, family law, personal injury, guardianships & wills, estate planning & probate, immigration, debt defense and juvenile law. Learn more here.