![]() While this may seem ridiculous to many parents with special needs children, it is unfortunately the law. I tell clients often that I wish they didn’t have to go through this process to continue to do what they have always done, but the process is there to protect persons who are not as fortunate as their child is in having loving and caring parents.Ī second question we often are asked is when to begin the Guardianship process. It used to be fairly routine for us to see families with special needs children who did not begin the Guardianship process until years after their child turned 18 because they did not have a practical need for a Guardianship. If everything is filed correctly and approved by the Court at a hearing, the Probate judge will issue an order finding the incapacitated person incapable of managing his or her own affairs and naming a person or persons to serve as Guardian to make decisions for the incapacitated person. A Guardianship is a legal proceeding with many filing and statutory requirements. until a Court has legally appointed them Guardian of their adult child. That means that the parents often cannot do things like attend doctor’s appointments, agree to medical procedures, get access to educational records, etc. This means that, unfortunately, an incapacitated child who turns 18 is treated as any other adult until a “Guardianship” has been put into place. ![]() But, when you have a special needs child, their capacity doesn’t magically change the day they turn 18. Why? Because at the age of 18, South Carolina law states that a child becomes an adult who can make their own decisions. Of course, that all changes when a child, regardless of special needs, turns 18. That is why most parents can do things such as sign their child up for school, go to the doctor with their child, and access their child’s medical records without any type of legal documentation. The child is born the parents are listed on the birth certificate and are automatically given the legal role of “Guardian” until the child turns 18. ![]() ![]() When a child is born, unless a Court orders otherwise, that child’s natural parents are his or her Guardian until the child turns 18. First, let’s talk about what a Guardianship is. Recently, we have had several clients ask us about Guardianship for their special needs children and about when is the best time to begin the process. ![]()
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