42. Making the Guardianship DecisonJun 24, 2021
Not every child who has autism needs to have a guardian when they become 18. Having a diagnosis of autism does not equal incompetence.
In most states, a parent is deemed to be the legal guardian of his or her child until the child turns 18. Until 18, parents have the legal authority to make decisions (medical, financial, etc.) for their child.
As soon as your child turns 18, your parental authority no longer exists. Yes, you heard me correct. The day your child turns 18 you no longer have authority to manage their medications with their doctor or the pharmacy, you no longer can make educational, medical or legal decisions on their behalf UNLESS you have guardianship.
Disclaimer: I am not nor do I claim to be or act as an attorney. I am simply sharing information that may be helpful to you if this becomes a decision you might one day have to make and I want to be sure that you know what you need to know and where you will go to get the information so that ultimately you are able to make an informed decision for you, your child and your family.