Answers about legal guardianship for handicapped child?

Question

Can anyone please tell me if I have to pay for legal guardianship of my handicapped 15yr old son when it comes time to petition the courts when he turns 18?

Answer 1

It depends entirely which state you reside in. I recomend that you get professionals to answer this question for you.

If money is an issue, I suggest contacting your state's department of disability services. Commonly called "Vocational Rehabilitive Services".

Answer 2

I have legal guardianship of my adult brother who is Downsyndrome. We were able to have lawyer fees and all other fees paid by the state services with an advocate who was able to inform us of the many available services for us for him. Its been 15 years ago when we did this. Basically there should be a state or city organization that offers advocacy and then through that the advocate would help you with options and such. Services like Respite, clothing allowance, working in society etc.

Answer 3

In my state, the Vocational Rehabilitation folks would tell you to go to the county courthouse and ask for the correct forms.  

Usually parents complete a part, a teacher that know him well will complete a part and then a third person - outside your family & outside the school (pastor, physician, job coach, community worker supervisor, etc are good unquestionable picks).  Then you would submit a copy of your son's last evaluation by a psychologist/neurologist/education diagnostician... whatever you have to support your case paperwork wise.  

I've always advised my students parents to get a complete evaluation in the 9th or 10th grade to make the process easier.  Recent data is better than something from eight years ago.  If your son hasn't had it done, write a letter to your child's teacher requesting recent testing.  Do NOT tell them the exact reasons, you just want to know where he stands, etc.  Schools aren't required to do evaluations for court reasons, but are required to do one for parent desires.  :) I advised this to my parents lots....

The process takes a year or so in most states, but plan early in case their are any hiccups!

Answer 4

It depends on  which state you reside in.