How to get legal guardianship of a child
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How to get legal guardianship of a child

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FAQ

How does a parent get legal guardianship over their adult disabled child?
You are going to need to go before a judge to get legal guardianship. Unless this is a case where the person is clearly in need of guardianship— for example, someone who does not speak, and cannot physically care for him or herself, and never has, and has always been in your household, you are going to need some legal help. You will need some help even in the first case, as far as being pointed toward the correct venues, and told what forms to fill out, but a social worker, or a lawyer doing required pro bono work may be happy to help you. But do consider whether keeping the child in your home until you die in the correct thing to do. It might be that transitioning them out when they are NOT dealing with the pain of losing you is the best thing to do.If your child has been an independent adult, and then become disabled, or if your child has some of the skills to become independent, but you feel needs more time with you before becoming independent, or for whatever reasons (medication non-compliance, a form of bi-polar disorder where the child is sometimes capable, but sometimes not) you feel that at 18 your child is not ready for independence, you will need to make your case before a judge, and will probably need a lawyer. You child will probably have a court-appointed guardian, who will be a lawyer, most likely.If you have a plan that keeps your child under your care, but tutors him or her in life skills, and eventually transitions him or her into a semi-independent situation, particularly one with employment services, you will have a great deal more luck. If the child can state that this is his or her preference, it will be easy,
Does the parent of a developmentally disabled adult have to give up legal guardianship in order to get paid as their child's personal assistant?
That will be according to your State’s laws on guardianship.Here in Arizona, I know a woman who receives monies for her work as a Hab provider to her daughter, she shares guardianship with her husband (who is also disabled, and for whom she also provides care).Call your Support Coordinator or Case Manager and ask- that person will have the answer most germane to you.
How do you apply for guardianship?
Don't panic. This sounds to me like a simple miscommunication.What your parents are describing is leaving you as guardian of your siblings in their Will. Your guardianship kicks in only if both of your parents are deceased— and probably only of your siblings that are still minors at the time of your parents ‘ death.So clearly something fairly traumatic and catastrophic would have to happen for both of your parents to die before your youngest sibling is 18.I make these kind of wills fairly often, and it's not uncommon. And you never ever make just one Guardian.So I'm going to speculate that your parents’ Will says something like: “in the event that Guardian A is unwilling or unable to fulfill his role as guardian of the minor children, then we appoint Guardian B.. “ - - then Guardian C, and so forth.Notice the “unwilling” part. You can bow out of the responsibility and hand the reigns over to the Guardian who is next in line.I'm also going to speculate that your parents don't actually expect you to raise your five siblings at your young age. Guardians and Trustees appointed in a Will/ Trust make things a lot easier than having the estate go through intestate probate.You may merely have been appointed as a sort of place card holder. As in : we know he won't raise the kids himself, but he'll be in a good position to decide who should - - and it’s better than having our money drained through court procedures.Hope that makes you feel better!
How are the civil rights of those on the autism spectrum most commonly violated?
I don't have statistics for how frequently these occur, but these range from things that seem to happen to most autistics to things that are less seldom but extremely severe:Abused by parents and other caregivers, ranging from psychological abuse to dangerous quack "cure" regimens,Bullied by students and adult peers,Harassed by school officials and other bureaucrats,Denied fair and appropriate public education and disability accommodations in schools,Denied appropriate employment opportunities and discriminated against on the job,Denied treatment for non-autism-related medical conditions,Forced to live in nursing homes and other institutions because of lack of supports for living in the community,Exploited in sheltered workshops at subminimum wages,Brutalized by law enforcement officers who misunderstand autistic behavior,Tortured with electric shocks for "behavior management", andMurdered by parents and caregivers
How can I get out of a guardianship that I don’t want to be in anymore and don’t feel like I need to?
Whichever entity approved/confirmed you as a guardian, you need to contact them (chances are it will be a court appearance or filing) and ask to be removed.Please be ready to prreasons for it, or potentially suggesting a replacement for you - such as how it affects your life, how much inconvenience/hardship you’re experiencing because of it, how little you can contribute to the guardianship role and how much better it could be done by someone else.It’s not clear if the court will take the “I don’t want to” and “I don’t feel like I need to” be an acceptable explanation.You have to contact an attorney if you don’t want to contact the court yourself and express your wishes to that attorney, and they can document it for you with proper legal language and compelling/urgent reasons for the court to see the matter in your favor.
How can I grant the temporary guardianship of my child to a family member?
If you can afford it I suggest hiring a family law attorney. If not, you need to do some research on how to write a guardianship document. You want to include control over health, the ability to obtain health insurance, monthly payment from bio parent to guardian if any.The library has good books on how to do this and how to bring it to court. I would trust this method over an online source.
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