Category: guardianship

Guardians of…

Today, Mike and I became legal guardians.  We are now defenders of the universe.  Sounds cool.  I just wish the role belonged in a movie.

Doctors and psychologists told us to pursue guardianship years ago, well before our boys turned 18.  However, from what I read, our boys would lose much of their independence, and that would cost them too much mentally and emotionally.

Laws have changed since I first researched guardianship.  The best news we found was that we could file for full guardianship, and our son could retain his drivers license and his right to vote.  An attorney informed us that we could protect our son without infringing on his those two concerns.

Yes, we hired an attorney, and it was money well spent.  We did not have to worry about filing the correct papers and making sure we had all the details complete.  The financial cost was nothing compared to my time and emotional well being.  There were many steps to follow, and missing any one of them would delay our court date.

So four months later, we have concluded a legal process to help our young autistic adult to continue his life towards independence.

Autism and Signing Documents

Paperwork!! Nobody likes paperwork, but it is one of those necessities of life.  Especially for kids with autism.  Adults with autism too.

Yesterday, Ryan signed his first set of legal documents.  He signed powers of attorney.  One was 13 pages long!  The others were only a few pages.  He diligently read each section that he was asked to initial.  He took his time.  At the end of each document he signed his name.  Carefully.  In cursive.  We rehearsed that.

For several weeks Mike and I have been talking with Ryan about growing up and taking responsibility.  That is something that Ryan isn’t really keen on.  He definitely wants freedom and independence, but he’s not really keen on the responsibility that comes with the territory of adulthood.

That can spell disaster for a typical 18 year old, but for an adult with autism who might be easily swayed, this is not something to take lightly.  Any wrong decision could be life altering for him.  And us.

I researched the different avenues we could pursue, as parents, for Ryan.  We want to protect him, while continuing to teach him about his choices in life.  We want him to continue to become independent from us, while minimizing risks.  It’s really an oxymoron in logic.

I attended a few seminars about guardianship and “transitioning into adulthood”.  I learned about the various types of guardianship that would require going to court to prove to a judge that Ryan is incompetent, completely or partially.  That would remove all or some rights for Ryan, like driving, voting, etc. I also learned about power of attorney that doesn’t restrict Ryan’s rights at all.  He authorizes us (or whomever he chooses) to make decisions or help him make decisions.  He retains his ability to make his choices independently, as well.
 
My gut reaction was the option of the power of attorney.  Mike agreed.  We explained the power of attorney concept to Ryan, and he liked that idea!  I found a special needs estate planner to draw up the documents.  Although I could have used any attorney, I want someone who specializes in this field.  It took a couple of weeks, and yesterday, Ryan signed those documents.

His first signing as an adult.