As a disabled young adult approaches age 18, the parents will need to decide whether to pursue an Adult Guardianship and/or Conservatorship with the Oregon county courts for the right to manage the child’s personal, financial, and medical affairs.  

To distinguish between Guardianship and Conservatorship simply: here in Oregon, a Guardianship deals with the care of the person (where they live, who their doctors are, etc.); and a Conservatorship deals with the care of the person’s financial and legal matters.

If a Guardianship and/or Conservatorship is ultimately granted, the child will lose personal autonomy and the ability to make independent decisions. For many disabled adults, this is a non-issue, as they depend on their parents to oversee every aspect of their day-to-day affairs and personal well-being.

However, there are many other situations when a disabled young adult is capable of living a semi-independent life. In such cases, the parents may not wish to usurp all of the child’s legal decision-making powers. Instead, the parent may look to file for a limited guardianship or just a conservatorship to retain control over financial decisions, or the child may be able to appoint the parent as Power of Attorney and Healthcare Agent if legally capable of signing legal documents.

Is an Adult Guardianship and/or Conservatorship Right for Your Family?

To determine if you should pursue a full or limited Guardianship and/or Conservatorship for your child once he, she, they turns 18, answer “yes” or “no” to the following questions: 

·      Can the child communicate his or her needs clearly and accurately to others? 

·      Does the child have the ability to live independently, including the ability to perform chores, safely operate household appliances, and follow a schedule? 

·      Could the child independently make medical decisions regarding his or her care? 

·      Can the child properly administer his or her medications and does he or she understand dosing? 

·      Does the child have the capacity to give medical or psychiatric consent? 

·      Does the child have basic money management skills, such as paying bills, using the ATM machine, or balancing a checkbook? 

·      Is the child aware of dangers to his or her personal safety?

·      Can he or she make balanced dietary and nutritional decisions? 

·      Can the child safely prepare meals?

·      Does the child have the capacity to enter into a romantic relationship or marriage? 

·      Can the child independently maintain personal hygiene? 

·      Is the child able to drive or does he or she have the ability to learn to drive? 

·      Does the child understand the consequences of entering into a contract?

·      Is the child able to make wise decisions about discretionary purchases? 

If you answered “no” to any of the above questions, it may be in your family’s best interest to learn about the steps necessary to file for an Adult Guardianship and/or Conservatorship so that you can retain the right to make decisions and manage your child’s affairs once he, she, they turns 18.  Here at Aiston Law, LLC, we focus on “Special Needs” Planning (a term used to distinguish from “Disability Planning,” which usually refers to the area of law around government disability financial benefits) and helping parents prepare for the future. If you’d like to schedule an appointment to discuss your options for becoming your child’s legal guardian or conservator, please contact us to schedule an appointment. 

If you want to get started on your estate plan, read about our estate planning services and schedule an appointment.

To your family's health + happiness.

~Candice N. Aiston

P.S. Want to get started slowly but surely, naming guardians for your kids? Check out our Guardian Plan kit.

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Candice N. Aiston is an Legal Planning Attorney for Estates + Businesses in the Portland, Oregon area. She helps people to prepare for a lifetime of security, prosperity, and guidance. If you would like to receive her free reports, please visit http://aistonlaw.com/ to sign up. Follow her Facebook page for daily planning tips: https://www.facebook.com/aistonlaw/.