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Real members of MyAutismTeam have posted questions and answers that support our community guidelines, and should not be taken as medical advice. Looking for the latest medically reviewed content by doctors and experts? Visit our resource section.

Guardianship

A MyAutismTeam Member asked a question 💭
Albany, GA

Monday at the IEP meeting I was told that. I have to apply for Guardianship of my Severely Autistic Son because of his rights when he becomes an adult. Has anyone else heard of this?

September 22, 2016
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Answer Summary

Members strongly advised a parent of a severely autistic teen to pursue guardianship before their child turns 18, explaining that without it,... Read more

Members strongly advised a parent of a severely autistic teen to pursue guardianship before their child turns 18, explaining that without it, the young adult can make decisions they may not be equipped to handle and can be influenced by others, even if not of sound mind. Several members shared their own experiences navigating guardianship, including one parent who described managing their son's anger issues across multiple placements and another who emphasized that guardianship protects the child while allowing them to make as many choices as possible, with parents stepping in only when necessary. A recurring theme was reassuring a worried mother that guardianship does not mean the child must live at home, that it can be relinquished later if needed, and that having legal authority is essential for securing safe placements and protecting vulnerable adults from exploitation.

A MyAutismTeam Member

@A MyAutismTeam Member
The tough question for me was I going to be able to kick my son out of the house when he had nowhere to go and not feel bad about it? For me the answer was no because even though he was driving everyone crazy, I knew he wouldn't survive - no job, no place to live, and absolutely no understanding of what he needed to do to take care of himself. He didn't even have enough understanding to know what questions he needed to ask. He functions at about a 12 year old level. When he was right in my face sometime all I wanted was for him to be out the door but that was not the best time to make good decisions for him. He needed help and I really was the only one who could get it for him. I would get the guardianship of your daughter before she turns 18. It is much much easier to give it up later. Having guardianship does not mean she has to live with you. You sound emotionally exhausted and I have been there. It's tough. Hang in there.

October 13, 2016
A MyAutismTeam Member

@A MyAutismTeam Member
I do not know your situation or what services your daughter has or the source of your information but I would speak to your local autism society or similar association and ask where you can get information regarding guardianship and other alternatives to guardianship in respect to your daughter to make sure you have accurate information. It is not an all or nothing type of thing but something you may want to get more information about before making a decision. Hope that helps.

September 23, 2016
A MyAutismTeam Member

I am not sure if I understand what you are asking and I do not know the specific laws in AZ but I will give you what I know and hopefully others can clarify for you.

In NC the guardian is not responsible for the adult child's actions but is responsible for his care - food, clothing, shelter and medical care. He has been in different housing arrangements including group homes, AFLs, and here with me. As his mother I also love him and want to see him be successful which guides me in how to best provide for those needs. No matter what home he is in, including my own, no one is required to keep him. There are still rules and expectations that must be followed just like you or I.

My son struggles with anger and has lost a few placements because of it and even spent a week in jail because he assaulted someone in the home he was in. Obviously that was not a good match for him and they refused to take home back which was fine since I didn't think they could provide him with what he needed to be successful at living on his own.

It has been difficult to determine at times what decisions he is able to make on his own but I try to let him make as many choices and decisions for himself and only step in if I see that his decision will be a train wreck. That is when I exercise my guardianship.

In NC the state is not in charge of "removing" them from the group home. Different group homes handle different levels or types of disabilities. If they don't want to keep him for any reason and I can't find him an another place to live then back home he comes until I do.

I also want to mention that it is a good idea to have an alternate guardian stated in a legal document in case something were to happen to his current guardian(s) just to be sure you know he will be taken care of.

I'm not sure if that answered your question but I hope it at least helps.

September 23, 2016
A MyAutismTeam Member

Does anyone can tell me if u have the guardianship and ur kids is hitting kids or anyone the state will take ur kids out of the group home and the parents will be responsible for the rest of his /her life ?

September 22, 2016
A MyAutismTeam Member

KayKay you will want to apply for guardianship because it will prevent a friend or family member from taking advantage of him. You will be protecting him still. Then make sure you set in place someone to take care of him when you are no longer with him.

September 22, 2016

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