What happens to autistics and mentally retarded when they turn 18?

Question

What happens if a teen who is low functioning autistic or mentally retarded after they turn 18? Do they have same rights as adults as everyone else who turns 18?Is there parent or guardian still legally responsible after 18th birthday? Just curious.

Answer 1

Much would depend on their level of self-sufficiency. If they are able to function at reasonably high levels, they have similar rights to other adults. If they need to be home-cared or institutionalized, their rights may have to be represented by a legal guardian or parent.

I know that in Delaware, recently, it was ordered that a non-custodial parent must continue to pay child support for the entire adult life of a mentally retarded person that was in the care of the custodial parent, even though they had passed the age of 21, because, although legally an adult, he was incapable of being 'emancipated' in the normal sense of the word.

Answer 2

They have to have guardianship awarded to them if the parents wants to remain in control once the child turns 18.  Or the court can appoint a guardian of their own.  Yes they have the same rights as you and me.  Many function their entire lives like this.  Some are lucky and are surrounded by honest, caring individuals who offer guidance and advice, while others are taken advantage of, hence the need for Watchdog groups and Adult Protective Services

Answer 3

There might be a parent that has legal guardianship over the child. If not, they are on their own.