Guardianship
For any child who has special health care needs, guardianship is an important issue. The Center for Infants and Children with Special Needs at Cincinnati Children's Hospital Medical Center offers solutions and resources to patients and families.
Children with chronic illnesses may have custody issues:
- They may be in foster care or institutionalized
- Their parents may be unmarried or divorced
- The parent(s) may be minors
- One parent may have custody
- Custody may be shared
- Family members other than the parents may be the primary caregivers
- At 18 years of age children become their own guardian by default
It is important that all members of the health care team, caregivers and family members understand the guardianship status of the child. Guardianship is a legal relationship created when an individual is named in a will or assigned by the court to take care of minor children or adults who have been declared incompetent. Guardian rights vary by state and sometimes by county. A guardian may be able to give consent for routine medical care and minor surgical procedures, but not for end-of-life decisions such as DNR (Do Not Resuscitate).
At age 18, individuals are their own guardians, regardless of their mental or physical ability to assess and make decisions that affect their own financial and / or health care needs. If the disability interferes with the ability to make decisions, the caregiver may need to obtain guardianship.
The person with the disability can choose a guardian or grant power of attorney. Power of attorney is a voluntary and reversible decision that can be "general," covering all financial and medical issues, or "limited," covering certain areas such as financial management alone.
When a person with a disability is unable or unwilling to choose a guardian or grant power of attorney, the court may declare the person incompetent and a guardian will be appointed. This procedure requires a medical and psychological evaluation. The probate court and an attorney with expertise in this area can provide guidance with the process.
For More Information
For more information on the types of guardianship and guardianship alternatives in Ohio, contact the Ohio Developmental Disabilities Council. Guardianship and other guardianship alternatives are under the jurisdiction of the Probate Court.
Guardianship and Estate Planning booklet is available from the Ohio Developmental Disabilities Council.
National Guardianship Association (NGA) has information and resources for families, including guardianship for individuals with developmental disabilities and a glossary of guardianship terms and definitions.
Ohio Legal Rights Services offers a comprehensive posting on Frequently Asked Questions: Guardianships.
Special Child features an article on Guardianship for the Adult Child.
U.S. Legal provides detailed definitions for guardianship and power of attorney.
If your questions are not fully answered by our Special Needs Resource Directory and its links, please contact us via email.
Rev. 1/08
