GUARDIANSHIP and SPECIAL NEEDS FAMILIES How to best protect your child when he or she turns 18. guardian project
Agenda Alternatives to Guardianship What Is Guardianship Assessment Guardianship? 8 Alternatives to What’s the best Why and how do guardianship and solution to protect you get their risks. your child. guardianship? Guardianproject.us 6
Agenda Guardianship About Our Online Guardianship & Resources Workshop Legacy Free information Low cost alternative How to protect your about guardianship for parents seeking child with Guardianship & alternatives. guardianship. even after you die. Guardianproject.us 7
What’s In It For You? Ease a heavy burden … IS GUARDIANSHIP OR A LESS RESTRICTIVE ALTERNATIVE THE BEST WAY TO PROTECT YOUR CHILD WHEN HE OR SHE TURNS 18 Guardianproject.us 11
ABOUT Me Special Needs Dad (& lawyer) GUARDIANPROJECT.US 12
What is Guardianship? Guardianproject.us 17
A court removes an “incapacitated” person’s right to make certain decisions, and assigns that responsibility to another person
Why do Parents GET GUARDIANSHIP WHEN THEIR CHILD WITH A DISABILITY TURNS 18? GUARDIANPROJECT.US 19
WHEN A CHILD TURNS 18 THEY REACH The age of Majority WHERE TO LIVE CONSENT TO HAVE SEX WHO TO LIVE WITH HAVE AN ABORTION WHO TO ASSOCISATE WITH GET MARRIED ENTER INTO MANAGE THEIR GET LOANS OR LEND MONEY CONTRACTS OWN MONEY CREDIT CARDS TO OTHERS ACCEPT OR REJECT MEDICAL TREATMENT GET AND MANAGE GOVERNMENT SERVICES
Guardianship gives parents The right of substitute judgement
What does that really mean? You continue parenting like you did before. After getting guardianship, nothing really changed. It’s been business as usual. --Laura Castillo (Katie’s Mom) GUARDIANPROJECT.US 22
Florida Guardian advocate AN EXPEDITED PROCESS TO GET GUARDIANSHIP FOR A PERSON WITH AN INTELLECTUAL OR DEVELOPMENTAL DISABILITY No requirement to have a lawyer.
Florida Guardian advocate WHO QUALIFIES UNDER THE GUARDIAN ADVOCATE STATUTE? 1. Must have a “Developmental Disability.” 393.12(2)(a) Florida Statutes
Florida Guardian advocate WHO QUALIFIES UNDER THE GUARDIAN ADVOCATE STATUTE? 2. Must meet the definition of “Developmental Disability.” 393.063(9) Florida Statutes Syndrome or disorder (4 named) • Manifests before age 18 • Substantial handicap • Will continue indefinitely •
Florida Guardian advocate WHO QUALIFIES UNDER THE GUARDIAN ADVOCATE STATUTE? 3. If your diagnosis is not named, the disorder or syndrome must be attributable to “retardation” under the Guardian Advocate Statute Section 393.063(32). Note: 2 or more standard deviations below the mean score on a standardized intelligence test is an IQ of 70 or less.
Guardianship Benefits For a child with a developmental disability KEEPS YOUR KIDS SAFE PROTECT FROM SCAMS Greatest assurance you Without guardianship, child will be protected. your child has greater exposure to scammers who prey on people with IT’S FLEXIBLE disabilities. Guardianship can be narrowly constructed to preserve some of your child's rights in areas YOU CONTROL CAPACITY where they have capacity. You and a judge decide whether your child has PRESERVES LEGACY capacity, not a doctors or government worker. Safest way to ensure your child will be cared for Guardianproject.us after you die . 27
Guardianship DRAWBACKS For a child with a developmental disability REMOVES RIGHTS COURT APPROVALS A court removes some of Major decisions, like your child's rights to changing your child's make life decisions. living situation or making major expenditures will COURT INVOLVEMENT require court approval. With guardianship, parenting falls under the jurisdiction of the courts, HARD TO CHANGE which some people find intrusive. Changing guardianship is difficult, requiring a IT COSTS MONEY hearing and approval from the court. You may have to pay for filing fees, for an attorney Guardianproject.us for your child and 28 (possibly) for you.
Guardianship Alternatives Guardianproject.us 29
Dignity of risk Life itself is about making decisions, and there is dignity in dealing with the risk that comes with making them.
Balancing the Primal urge to protect your child with A desire to give your child freedom GUARDIANPROJECT.US 36
About Abuse Statistics 90% of people with some form of Sources 90% intellectual disability will be a victim of 1 Baladerian, N. Coleman, T., & Stream, J. (2013). A report on the 2012 national survey on abuse of people with disabilities: Victims sexual abuse at some point in their lives. 1 and their families speak out. Spectrum Institute Disability and Abuse Project. 2 DisabilityJustice.org, Abuse and Exploitation of People with People with disabilities are four to ten Developmental Disabilities 10X 3 Erika Harrell, Crime Against Persons with Disabilities, 2009 – times more likely to be abused than their 2012-Statistical peers without disabilities. Tables, (Washington, DC: Bureau of Justice Statistics, U.S. Department of Justice, 2014), Table 1, accessed June 6, 2014, Females with disabilities are 210% more http://www.bjs.gov/content/pub/pdf/ capd0912st.pdf. 210% likely to be the victim of a violent crime than typical peers.
WHEN DOES THE PURSUIT OF DIGNITY OF RISK Become IRRESPONSIBLE PARENTING? Responsible parents wouldn’t allow a 12 year old typical child bear the full consequences of making serious life decisions. Why, then, would be OK to allow an 18 year old child who has the intellectual ability of a 12 year old make, and bear the consequences of, those same decisions? GUARDIANPROJECT.US 38
8 Alternatives to guardianship Making decisions with others Joint checking accounts Co-signers on checking APD Client Advocate Parent your child Keep tabs on your Control how funds Get consulted on with a disability like child’s finances with get disbursed by benefits decisions you would with a a joint checking requiring a co-signer made at the Agency typical child. account. on checks. for Persons with Disability. Power of attorney Representative payee for SSI Statutory Medical Proxy Special needs trust Control the Get the legal Negotiate and mange Make medical expenditure of gifts authority to make your child’s social decisions for your made to your child decisions for your security benefits. child if they cannot through a trust. child. do it alone.
Guardianship Alternative Benefits For a child with a developmental disability DIGNITY OF RISK MINIMAL COST Most alternatives do not Your child's rights will require court fees or not be removed, and they attorney costs. will make their own choices. LESS OBTRUSIVE IT’S FLEXIBLE Does not require a court's Alternatives can generally involvement in your be combined, adapted and parenting or your child's changed based on the life. needs of your child. Guardianproject.us 40
Guardianship Alternative DRAWBACKS For a child with a developmental disability LESS PROTECTION THEY’RE REVOCABLE Many alternatives can be Your child has the ability to revoked at the whim of make decisions without your child, for any reason. your advice or approval. IMPROPER INFLUENCE UNLIMITED RISK Your child can choose anyone Despite precautions, nothing else to help them, regardless prevents your child from co- of the person's motivations, signing credit cards, getting whether good or bad. loans, or entering into a lease. NO CAPACITY CONTROL REQUIRE CAPACITY Decisions as to capacity Tools like powers of are left to the discretion attorney may be invalid on of doctors and Guardianproject.us its face if your child does government workers. 41 not have capacity to sign.
Yolanda Michael Mom Son Michael had a life threatening condition, but was denied surgery because he was unable to signed a consent form for pre-op bloodwork. GUARDIANPROJECT.US 42
Guardianship and Healthcare Guardianproject.us 43
People with disabilities Get substandard Healthcare 19 % of people with disabilities did 28 % of people with disabilities not get medical treatment were not covered by their needed, compared to 6% of insurance for needed non-disabled people. therapies or medications, compared to 7% of people without disabilities. Source: Disability Rights Education & Defense Fund
People with disabilities Get substandard Healthcare The doctor for a patient with a Bias Pain Persons with disabilities developmental disability who was routinely suffer from dental diagnosed with advanced breast pain because of difficulties cancer and required surgery implied finding dentists who will treat that, due to her already “low quality of persons with disabilities, in life” (because of her disability), that particular those with sensory she did not merit the intervention. issues. Surgery was delayed and the patient died within a year. Source: Disability Rights Education & Defense Fund
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