- Kalamazoo Regional Educational Service Agency
- Guardianship
Guardianship
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At the age of 18, students reach the age of majority. This is the age at which a person, formerly a minor, is recognized by law to be an adult, capable of managing his or her own affairs and responsible for any legal obligations created by his or her actions. For students with disabilities and their families that can be an extremely confusing time. Families may either seek guardianship or seek alternatives to guardianship. Click on the links below to gather more information about both options.
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Guardianship
At the age of 18, students reach the age of majority, recognized by law as adults capable of managing their own affairs. For students with disabilities and their families, this can be an extremely confusing time. Families may either seek guardianship or alternatives to guardianship.
Types of Guardianship
- Guardianship: A court-ordered arrangement where one person is given legal authority to make decisions on behalf of another person deemed "incapacitated" by the court.
- Limited Guardian: Makes decisions in only specific areas, such as medical care.
- General Guardian: Has broad control and decision-making authority over the individual.
- Conservator: Manages the finances (income and assets) of a person with a disability but has no authority to make personal decisions.
Deciding Whether Guardianship is Necessary
Consider the following areas where your son or daughter may need assistance:
- Medical
- Educational
- Financial
- Vocational/adult services
- Living arrangements
- Legal
- Self-care
- Safety
- Communication
Obtaining Guardianship
While an attorney is not legally required to obtain guardianship, you may want to consider hiring one with expertise in this area.
For information about seeking guardianship in Kalamazoo County, click here.
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Alternatives to Guardianship
Alternatives can provide formal and informal methods for supporting individuals with developmental disabilities to make choices and decisions. These may include:- Representative Payee: Manages federal benefits for someone who cannot manage them independently.
- Power of Attorney: A legal document that gives decision-making power from one person (principal) to another (agent).
- Designation of Patient Advocate: A special type of power of attorney for medical decisions.
For both Power of Attorney and Designation of Patient Advocate, the individual must understand what they are signing. It's recommended to consult with a Michigan attorney to ensure these documents meet specific needs and comply with current Michigan law.
For information about alternatives to guardianship in Kalamazoo County, click here.