Guardianship, Supported Decision-Making & Conservatorship: Understanding Your Options

Decision Making

When it comes to managing the personal and financial affairs of individuals who need protection, guardians, conservators, and supported decision-making teams play crucial roles. Each of these arrangements serves different purposes and offers unique benefits tailored to the needs of the individual. It's important to take timely action to ensure that the needs of protected persons are met and their rights are respected.

Guardianship

For parents of autistic children, it is essential to understand that once their child reaches the age of majority in their state, they are legally considered an adult. This means that parents no longer have the automatic right to make decisions on their behalf, including attending medical examinations. Guardianship is a legal arrangement that helps autistic adults manage their lives while still maintaining their legal rights. It’s vital to take action before your child reaches adulthood to ensure they have the necessary support in case of an emergency.

Key Points:

Legal Adult Status: Once a child reaches the age of majority, parents need legal authority to make decisions for them.

Personal Care Management: Guardians are responsible for personal care decisions, including medical and daily living needs.

Timely Action: Initiating guardianship proceedings before the child becomes an adult ensures continuous support.

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Supported Decision-Making (SDM)

Supported decision-making (SDM) is an excellent alternative to guardianship for autistic individuals who wish to maintain control over their own lives while receiving the necessary support to make important decisions. SDM is customized to each person's unique needs and strengths and involves a team of supporters chosen by the individual. These supporters assist in understanding situations and making informed decisions, while respecting the person’s autonomy.

Key Points:

Autonomy and Support: SDM allows individuals to retain control while receiving guidance from trusted supporters.

Personalized Support: The approach is tailored to the individual's unique needs and preferences.

Multiple Supporters: Having a team of supporters helps prevent abuse and ensures a well-rounded support system.

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Conservatorship

Conservatorship is a legal process that appoints an individual to manage the financial affairs of an adult who lacks the capacity to make responsible decisions regarding their property. This arrangement removes certain rights, such as the ability to make contracts, buy or sell property, and conduct business transactions. Courts often seek the least restrictive alternative to conservatorship, such as the Representative Payee program or a durable power of attorney.

Key Points:

Financial Management: Conservators are responsible for managing the financial affairs of the protected person.

Rights and Restrictions: Conservatorship involves removing specific legal rights to protect the individual’s assets.

Court Oversight: Conservators must provide annual accountings to the court, ensuring transparency and accountability.

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"Guardianship, supported decision-making, and conservatorship each play a vital role in protecting the rights and well-being of individuals with autism. Understanding these options helps families make informed decisions."

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Aid4Autism is here for you!

Understanding the roles of guardianship, supported decision-making, and conservatorship is essential for protecting and supporting individuals with autism and other special needs. Each option offers different levels of support and autonomy, allowing families to choose the best arrangement for their loved ones. Taking proactive steps ensures that your loved ones receive the care and protection they need while maintaining their dignity and rights.

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