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Adjudication of  incompetence and guardianship in children with developmental problems or diagnosis such as autism.  

2/26/2014

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When your child reaches the age of 16- 18 parents start to hear from others that it is important to proceed to attain adjudication if this was not done yet.  Parents can attain the paperwork to do this or information from a social worker or online generally.  When the child is a minor the parent is automatically the guardian but once they become an adult this must be established in the courts.  There are many things to consider when you are thinking about whether to purse guardianship and competency for your child. The following are some of the important things to consider in making this decision.
1.  The first issue is that if your child remains competent as an adult he may be subject to any punishment that adults receive for his behavior in the community. Usually the consequences legally for adults are more severe then for a child that has not  been adjudicated incompetent and has a parent as a guardian. 
2.  The issue of guardianship has become very visible in the newspaper recently in the past 10 years and there are alot of support systems in place at this time to help parents accomplish this legal procedure.  For example, there are some pro bono, legal aide  or lower rates that may be available if you consult with a lawyer specializing in this area or with a social worker.  In the past people often can attain assistance from lawyers as "pro- bono" or from other sources based on their salary.
3.  There are different types of adjudication and guardianship. For example, there is one type of guardianship which is only over medical decisions and this may be attained at a lesser cost.  Parents may want to start out with guardianship over medical concerns and later attain full guardianship over other areas for their adult child. 
4. If any medical issues come up the parent as a medical guardianship can make these decisions.  For example, if your child is told by the doctor he needs a feeding tube the parent will have the right to decide when this might be done or whether the risks outway the benefits to your child and discuss this with the doctor. Without the guardianship procedures may be done without input from the guardian of the medical issues.
5.  Guardianship and adjudication may affect certain benefits your child can receive and parents should consult with the support co-ordinator or social worker for information regarding the financial implications.
6.  Funding and budgets in the future may include the legal status in decisions about eligibility for benefits.
7.  Parents should consult with doctors, social workers, lawyers and legal aide professionals and research in books or google to make a definite decision about guardianship and adjudication. 
In general, guardianship and adjudication should be pursued to protect your child's health, welfare, financial benefits and avoid legal problems for the future of your child. 


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