Georgia courts have been seeing an increase in the number of guardianship and conservatorship petitions filed for young adults with disabilities. A typical scenario goes like this: parents have been caring for their son who suffers from severe autism. He has been in special education programs, he needs frequent medical care, and he probably will not be able to live on his own. His parents plan to care for him indefinitely. But when he turned 18, his parents were not able to facilitate care as before. They faced difficulty in communicating with doctors about their son’s diagnoses and treatments. They were prohibited by banks from accessing accounts in their son’s name. Almost overnight, they found that they had much less authority over their son’s medical care and finances, and consequently, their ability to assure that he received good care was diminished.
In Georgia, any person over the age of 18 is considered to be an adult, competent to make his or her own medical and financial decisions. Another person may be able to help with those decisions if a valid financial or medical power of attorney is in place. But what if a disabled young adult does not have the legal capacity to understand and execute such documents? Then what?
Scenarios like this are increasingly common. For parents of young disabled adults, the best option may be to seek appointment as guardians and/or conservators. As guardians, the parents will have the legal authority to communicate with doctors and consent to treatment, make housing decisions, and manage day-to-day care; as conservators, they will have legal authority to manage bank accounts, pay bills, and make all financial decisions.
If you are the parent of a teenager with disabilities who is approaching his or her 18th birthday, and your teenager needs help with healthcare and finances, consider calling on Baumbusch Law to advise you about options and help you navigate this complex process.