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I was told we need to have guardianship before dd turns 18. She is 17 now. Has anyone had any experience with this? I spoke with an atty who told me dd has the right to object, and an atty would be appointed to her at our cost. We would be paying two attys. We would then need to "show proof" she is incapable of handling her own affairs. Since dd is rad/odd, I am nervous.
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Where I am it is very difficult for someone to be granted guardianship of an adult, especially right off when they are turning 18. I once had a client who was had schizophrenia that was not well controlled by medications and she and parents jointly brought the petition for guardianship and the judge denied it. I don't know your situation and don't want to sound horribly negative, but I would say that you may very well face an uphill battle.
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I have not BTDT, but I just attended a seminar on future planning for kids with special needs. In my state, you definitely need to start at 17, because it does take a while. I agree with the previous poster, it would be almost impossible to be granted guardianship if the only dx is a mental illness. If she currently is receiving medicaid/other services for a cognitive disability, it will be easier to show proof.
My 18 year old son is now in a guardianship. I think it varies from state to state. The personal and legal advice I received was for me to petition right before he turned 18 y.o. I filed a few months before he turned 18. He has significant mental illnesses, and the judge granted it without a problem. My son did not object to the guardianship. The judge did appoint an atty for him to represent his interests, but it was at no cost to me.I also want to add, that we did have to prove it regardless. I supplied medical records, and he receives county mental health case management, so it was a no brainer that he needed help.