Guardianship, Supported Decision-Making & Conservatorship

It's important for parents of autistic children to understand that once their child reaches the age of maturity in their state, they are considered a legal adult. This means that parents no longer have the right to make decisions on their behalf, including being present during medical examinations. Guardianship help autistic adults manage their lives while still maintaining their legal rights. It's important to take action before the child reaches the age of maturity to ensure they have the necessary support in case of an emergency.

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Supported decision-making (SDM) is a great alternative to guardianship for autistic individuals who would maintain control over their own lives while receiving the support they need to make important decisions. SDM is tailored to each person's unique needs and strengths, and involves a group of supporters chosen by the autistic person themselves. Supporters help the individual understand situations and make informed decisions, while also respecting their autonomy. Having multiple supporters is recommended to prevent abuse and manipulation.

Conservatorship is a legal process that appoints an individual to make decisions on behalf of an adult who lacks the capacity to make responsible decisions regarding their property. This process removes certain rights, such as the right to make contracts, buy or sell property, and conduct business transactions. Courts seek the least restrictive alternative to conservatorship and may consider alternatives such as the Representative Payee program or a durable power of attorney. The conservator shows loyalty, care, diligence, and prudence and is required to provide annual accountings to the court.

Taking steps to protect and support your loved ones is always a good idea, especially if they are vulnerable to abuse and harm. This is particularly true for adult children with autism, but it applies to neurotypical individuals as well. You never know when an unexpected need might arise, so's important to be prepared.