When a child with disabilities turns 18, Michigan law recognizes them as an adult with the same legal rights as anyone else. This means parents no longer have automatic authority to make decisions about their child’s medical care, education, or finances. For many families, this transition raises serious concerns about how to ensure continued support and protection.
Guardianship provides a legal framework that allows parents or other responsible adults to continue helping their loved one with disabilities after they reach adulthood. However, guardianship is not automatic and requires court approval. Understanding the process and its implications is essential for families preparing for this important milestone.
What Guardianship Means in Michigan
Guardianship is a court-ordered arrangement that grants someone legal authority to make decisions on behalf of an adult who is unable to manage certain aspects of their life. The level of authority depends on the person’s needs and may be limited or full.
Responsibilities of a guardian can include:
- Making medical and healthcare decisions.
- Choosing where the person lives.
- Ensuring the individual’s personal needs, such as food and clothing, are met.
- Overseeing education and social opportunities.
The court will tailor the guardianship order to address the areas where the adult needs help, while preserving as much independence as possible.
Why Guardianship May Be Needed for Adults With Disabilities
Many young adults with developmental or intellectual disabilities continue to rely on their parents for daily support and decision-making. Once they turn 18, parents may no longer have legal access to their child’s medical information or the ability to consent to treatments, housing, or other services. Guardianship provides a legal means to bridge this gap.
Common situations where guardianship may be necessary include:
- A young adult who cannot make informed medical decisions.
- An individual who is unable to manage personal safety or living arrangements.
- A person with limited ability to understand financial matters.
- Cases where the individual is vulnerable to exploitation or abuse.
Without guardianship, families may encounter challenges when attempting to provide essential care or prevent potentially harmful situations.
The Legal Process for Establishing Guardianship
In Michigan, guardianship is established through the probate court. The process is designed to ensure that the individual’s rights are protected and that guardianship is granted only when truly necessary.
Steps in the process include:
- Filing a petition with the court.
- Providing evidence, such as medical evaluations, to show the individual’s need for assistance.
- Notifying interested parties, such as family members.
- Attending a court hearing where a judge decides whether to grant guardianship.
The court may appoint the parent, another family member, or another qualified adult as guardian.
Protecting Your Loved One’s Future With Legal Guidance
Guardianship decisions are deeply personal and can feel overwhelming. Families want to protect their adult children while also respecting their independence and dignity. Working with an experienced family law attorney can make the process smoother and ensure the guardianship arrangement fits the individual’s unique needs.
Our Plymouth family law attorneys guide families through the guardianship process with compassion and clarity. We understand the challenges of raising a child with disabilities and the concerns that arise when they become an adult.
If your child with disabilities is approaching adulthood, contact Steslicki & Ghannam, PLC today to schedule a confidential consultation. We are here to help you protect your loved one’s rights and future.
