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Simply put, on their 18th birthday the child becomes an adult,
responsible for their own decisions. They are on their own
regardless of their disabilities..
·
Records custodians may not legally disclose your child’s medical
information to you.
· You may lack the
authority to direct, or participate in, your child’s medical
treatment, except as a proxy during an emergency.
· Banks and
government agencies have neither the duty, nor the authority, to
discuss benefits or financial issues with you.
· Your
child has no voice to legally speak on their behalf.
The fact that your child might not be able to
handle these issues on their own does not alter these results.
In order to reestablish your status as legal guardian of you child,
you must initiate a court proceeding called guardian advocacy.
Many are also not aware that a relatively simple
process exists to restore the parents’ protective powers, a legal
action in probate court called: Guardian Advocacy. This process
delegates several rights of the person with a developmental
disability to another person without declaring them incapacitated.
Unfortunately, even when aware of this
opportunity, many ignore the problem, often fearing the expense or
complexity of court, sometimes just because they’re already
overwhelmed. Many often carry on with only minor difficulty until
confronted by an emergency. But when an emergency finally occurs
emotional stress multiplies and fears of expense and complication
come true.
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