Guardianship- any reasons for it?

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thepam
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01 Aug 2009, 7:28 pm

My son is 17 with HFA and we were told to think about guardianship. I looked at all three types and if we did any it would be the least restrictive, but I am leaning towards not doing it. I would like him to sign a waiver so we could be included in his medical aspects of his life. Does such a waiver exist and if so, what is it called? I don't think he is ready at all to assume all responsibilities of an adult, but I don't think a lot of people who turn 18 are ready for the real world even if they are NT. I want to help guide him while he grows into the adult he will be and I expect to help him for several years. I guess my question is whether someone can give me a good reason for being his guardian advocate. My husband is worried that is he gets into legal trouble it would be better for him to have a guardian. I know he is terrible at handling money, but I think he can be taught that once he is independent. The only reason I can think of is sometimes he gets difficult to reason with and I would hate to watch him go through difficult times if he doesn't want to listen or discuss things with us. But, I don't think this is a good enough reason to proceed with guardianship. So.... your comments and suggestions are welcomed.


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John_Browning
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01 Aug 2009, 8:44 pm

If he is going to live with you a few more years after he is 18, you would likely have time to work on his money managment skills before resorting to financial conservatorship. As for his medical records, he can just tell the doctor when he wants to have you in the appoinment with him, and he can sign a release form at the doctor's office that gives them the ability to talk to you about his case.


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thepam
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01 Aug 2009, 8:49 pm

Thanks.
Pam


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DW_a_mom
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01 Aug 2009, 8:50 pm

I am under the impression, and that is just an impression, that very few of older members here are or have been under guardianship. Some have lived in shared housing, some live in institutions, but most are legally on their own, and that appears to include those who still rely heavily on their parents. I think you would find, were you to ask in the general forum, that the distinction is that guardianship questions ones ability to make decisions, and most HFA or AS feel quite confident in their thinking processes, just not in their interactions with the world. If you have a good relationship with your son, I would lean towards not making a legal guardianship, and allowing him to choose what assistance he does or does not want from you.

It doesn't hurt to know what the options are for guardianship, should your son experience a sudden and severe regression (which can happen), and to have much of the mechanics in place so it could be enacted quickly, but I think its going to be important for your child to feel that you believe in him, and that means no guardianship.

But, heck, this is pretty far out of my personal experience, so I could be totally off base.


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thepam
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01 Aug 2009, 9:18 pm

Thanks for your reply. I tend to agree with you that it is a sign that I believe in him by not taking guardianship. When I talk to other parents though, most of them think it is a no- brainer as far as taking guardianship. I don't want it to be something I just do though. If I don't get a lot of replies, I will post it in the general discussion area.


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Lyriel
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02 Aug 2009, 2:14 pm

I'm a 29-year-old with Asperger's, and although I'm not under guardianship, my mother is very much involved with my medical stuff, since I sometimes have a difficult time translating my thoughts to words, and what's going on into my brain's "language". Most of the time, all I have to do to allow her access is fill out and sign a few forms at whatever office I'm at, saying that I give permission for the staff to communicate with her.

However, that doesn't grant power of attorney, as far as I know, if that's what you are looking for. You may want to look into having him create a living will (at least, I'm pretty sure that's what I'm thinking of), just in case there's ever a time that he's unable to make decisions for himself, naming you as the one he wants to make decisions on his behalf.



thepam
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02 Aug 2009, 4:17 pm

Thanks for your reply. I don't think we need to have the power of Attorney on his finances. If he was able to move out and be successful that would be great. I think it will be some time before he is ready for that though.


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