A father sits at the kitchen table with a folder from the school. One page mentions "age of majority." Another mentions a lawyer's name. A relative has told him he must "get guardianship before it is too late." A friend has told him guardianship is unnecessary. He puts the folder down and does not know whom to believe.
This is one of the hardest topics in transition, and one where a general website is the wrong place to decide anything. This guide is only a map of the terms. It is not legal advice, it does not recommend any option, and it cannot tell you what is right for your son or daughter. It exists to help you ask better questions of the people who can.
The terms
| Term | A plain description from the sources |
|---|---|
| Guardianship | A court appointment of a person to make decisions about the personal well-being of an adult found to be incapacitated (CPIR) |
| Conservatorship | A court-appointed person who manages a minor's or incapacitated person's financial and personal affairs. The Utah Parent Center calls it a companion to guardianship |
| Supported decision-making | The person chooses a trusted team of supporters and makes their own decisions (Utah Parent Center). The person keeps their rights and makes the final choice (Colorado guide) |
| Power of attorney | A principal gives an agent authority over defined areas such as finances or medical decisions. Durable powers take effect on signing, and springing powers take effect when conditions are met (Utah Parent Center) |
| Self-determination and person-centered planning | The person sets goals based on preferences, values, and interests, with the person at the center of ongoing planning (CPIR) |
The terms differ by state, and a state may use other names. Some arrangements can be combined.
What the sources say about the differences
The Colorado guide, hosted by California's State Council on Developmental Disabilities, describes supported decision-making as a way for a young adult to stay in charge of their own life while choosing trusted people, such as family members, friends, or teachers, to help find information, talk through choices, and communicate decisions about medical, school, and money matters. It contrasts this with guardianship, which it says can take away a person's rights and freedom, can be hard to change, and costs money. Those are the guide's own descriptions, from a source that favors the alternative. A family should hear other views too.
The Utah Parent Center's article, written for caregivers deciding whether guardianship or an alternative fits a young adult's needs, takes a more neutral tone and says the young adult's best interest should be the guide. It notes that Utah law did not, as of that article, recognize supported decision-making as a formal option, but that it can be used alone or with guardianship. Laws differ across the country, and many states have addressed the question in recent years. The National Resource Center for Supported Decision-Making has an In Your State section with information on current and planned legislation. Read your own state's current law rather than relying on any one summary.
Cautions the sources raise
The Utah Parent Center lists cautions about powers of attorney that apply more broadly.
- The principal must have the capacity to understand what they are signing.
- A power of attorney can be challenged, and a court may be needed to enforce it.
- Choosing the wrong agent creates a risk of exploitation.
- Generic online forms may not meet a state's requirements or protect against abuse.
- An estate-planning lawyer is recommended for specific situations.
Guardianship is a court process, and the Utah article describes the kind of evidence a court requires for related conservatorship petitions. That is another reason to speak to a lawyer who works in your state's courts.
Questions to ask yourselves
The Colorado guide suggests questions to consider before pursuing guardianship. They are useful whichever way a family goes.
- Can the young adult make decisions with help?
- Is there a plan for growing more independent over time?
- Does the young adult have trusted people in their life?
Add your own. What decisions are hard, and what kind of help would address them? What would be lost, and what gained, with each option? Who would the young adult choose as a helper? What happens when the helper is no longer available?
What the education rule says
The special education rule has its own provision. Section 300.520 says that if a young adult has not been determined incompetent under state law but does not have the ability to provide informed consent about their education, the state must have procedures to appoint the parent, or another appropriate person if the parent is unavailable, to represent the young adult's educational interests for the rest of the period of eligibility. That provision is about education. It is separate from any guardianship or other arrangement for other decisions. See age of majority and the IEP.
Getting help
Places to start include your state's protection and advocacy agency, your parent training and information center, a legal aid office, and a lawyer who works in this area. The Utah Parent Center notes that its consultants cannot give legal advice and recommends a lawyer for specific situations, and that is a fair rule for any general website.
Talking with your young adult
Whatever a family chooses, the young person is the one whose life it is. Ask what they want help with, who they trust, and what they want to decide alone. Practice decisions at home and in meetings, as described in student voice in transition meetings. Involving the young adult early helps build the skills any arrangement depends on, and it often makes the legal conversation clearer.
Benefits and money
Decisions about guardianship and powers of attorney can interact with benefits and finances. This guide does not cover those, because they depend on the person and the state. See SSI and transition-age youth overview for where to read official information, and ask a lawyer or a benefits counselor.
Orientation mix-ups
- Treating one option as the default. Each is a choice with tradeoffs.
- Relying on a website. Including this one. Ask a lawyer in your state.
- Waiting until the birthday. Start the conversation at least a year before.
- Leaving the young adult out. The goal is to support their decisions.
- Using a generic form. The Utah Parent Center cautions that these may not meet state requirements.
Terms are in the glossary.