The age of majority is the age that a child is now considered an adult. In the United States, this is 18 years old. The transfer of rights must be no later than the student's 17th birthday. The IEP must include a dated statement signed by the student, parent and an LEA representative, that the student and the student's parent(s) have been informed of parent's rights. All rights accorded to parents transfer to the student on his/her 18th birthday unless the IEP team determines that: 1. The parent has obtained legal guardianship, power of attorney, or conservatorship 2. The student has married 3. The student has become emancipated (in which case the rights transfer at that time)
Conservatorship
Conservatorship is where a conservator is appointed to manage financial matters. This may be a more suitable alternative that addresses a financial need only. This allows the individual to continue to have some independence in other areas of their lives.
Power of Attorney
Power of Attorney also gives decision making powers to another individual in a limited manner. The Power of Attorney for financial decisions, or Power of Attorney for health care decisions, can be useful tools in support of the child while maintaining some independence.
Guardianship
After the age of 18, parents and guardians do not have the right to make financial decisions, obtain insurance information, coordinate medical care, work with medical professionals to make medical decisions, access to medical records, access educational records, or enroll the individual in school. For some children with special needs, the ability to make financial decisions, ensure they receive proper medical care and manage daily tasks independently eludes them. In this situation, guardianship is available as an option for parents or guardians to retain the legal rights of the child. By obtaining guardianship, parents/guardians have the ability to aid their child in making these decisions. This can also limit the person's independence in ways that are not necessary such as removing the right to vote.
When is guardianship appropriate?
Every situation is different and not every child needs all or some of their legal rights removed. In some cases, guardianship or conservatorship may be limited over healthcare or financial matters may be more appropriate.
Professional learning, M. (2021, June). Virtual Indicator 11 and 13 Training Course. Special Education training. Utah; Utah. Author, G. (2010, September 1). Guardianship: A basic understanding for parents - parenting special needs magazine. Header Image. Retrieved March 14, 2022, from https://www.parentingspecialneeds.org/article/guardianship-basic-understanding-parents/