Why guardianship and conservatorship may be necessary when your child with a developmental disability turns 18
Robert J. Green
Parents of children with developmental disabilities have often dedicated years to advocating for their child's needs, making medical decisions, and managing their finances. However, many parents are surprised to learn that when their child turns 18, regardless of their child's disability, the legal authority to continue making these decisions automatically ends. Let’s consider the implications of this and what steps may need to be taken to deal with it.
The Legal Significance of Turning 18
In Idaho, as in all states, when a person turns 18, they are legally considered an adult with full legal rights to make their own decisions—even if they have a significant intellectual or developmental disability that impacts their decision-making capacity. This includes:
• Consenting to medical treatment
• Making financial decisions
• Entering contracts
• Deciding where to live
• Accessing confidential records
• Making educational decisions
For many young adults with disabilities, this sudden legal shift can create significant challenges if they lack the capacity to make informed decisions about their healthcare, finances, or other important matters.
Understanding Guardianship and Conservatorship
Guardianship and conservatorship are legal arrangements designed to protect vulnerable adults who cannot fully manage their own affairs:
Guardianship relates to personal decisions, including healthcare, living arrangements, and other personal matters. A “guardian” is appointed by an Idaho judge to make these decisions on behalf of the person with a disability.
Conservatorship focuses specifically on financial matters. A “conservator” is appointed by an Idaho judge to manage assets, pay bills, and handle financial decisions for the protected person.
In Idaho, these arrangements can be tailored to your child's specific needs and abilities. Courts can establish limited guardianships or conservatorships that preserve certain rights while providing protection in areas where support is needed, or where appropriate, a judge can establish a total guardianship or total conservatorship – placing nearly all decision-making rights with the appointed person(s). Often, guardianship and conservatorship appointments are requested and made simultaneously since both types of decision-making authority are typically needed in conjunction.
When to Consider These Options
If your child has a disability that significantly impacts their decision-making capacity, it's important to begin planning for their legal transition to adulthood well before they turn 18. Consider guardianship or conservatorship if your child:
• Cannot understand complex medical information or make informed healthcare decisions
• Is vulnerable to financial exploitation or cannot manage money independently
• Requires assistance with major life decisions
• Needs continued advocacy in educational or service systems
• Cannot live alone or without constant or near constant care or supervision
Alternatives to Consider
Full guardianship or conservatorship is not always necessary. Depending on your child's capabilities, alternatives may include:
• Supported decision-making arrangements
• Power of attorney for healthcare or finances
• Representative payee for government benefits
• Special needs trusts
• The Application Process in Idaho
Establishing guardianship or conservatorship requires filing a petition with the court system, providing medical documentation of incapacity, attending one or more hearings, and receiving court approval. The process typically takes several months, so planning ahead is essential. Working with a lawyer who has significant experience in this area is highly advisable to make sure everything goes the way it should.
Next Steps
If your child with a disability is approaching 18, schedule a consultation with an experienced attorney who handles guardianship and conservatorship matters. We can help evaluate your child's specific situation, discuss the full range of options, and develop a plan that provides appropriate protection while maximizing their independence and dignity.
Remember: The goal is not to unnecessarily restrict your child's rights, but to ensure they have the support and protection they need to thrive as adults.
My law firm is currently offering free telephonic, electronic, or in-person consultations concerning creating or reviewing estate planning documents.
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Robert J. Green is an Elder Law, Trust, Estate, & Guardianship Attorney and the owner of Kootenai Law Group, PLLC in Coeur d’Alene. If you have questions about estate planning, probates, wills, trusts, powers of attorney, guardianships, Medicaid planning, or VA Benefit planning, contact Kootenai Law at 208-765-6555, Info@KootenaiLaw.com, or visit www.KootenaiLaw.com.
This has been presented as general information and not as legal advice. Do not engage in legal decision-making without the advice of a competent attorney after discussion of your specific circumstances.