Alternatives to guardianship for an adult

Guardianship is a formal court process to take care of someone who can't make decisions for themselves. This article focuses on how parents or caregivers of a child with developmental disabilities can help the child into adulthood without a guardianship.

Keep in mind:

• Guardianship is a last resort. It involves a lot of paperwork, and it should only be used when it’s really needed.
• Look for other options. You should fully explore other options before applying to be someone’s guardian.
• Contact Disability Rights Ohio for help. Disability Rights Ohio can help you explore alternatives to guardianship.

There are different kinds of guardianships in Ohio. 

• Older adults may have different options. Check with Pro Seniors to learn about alternatives to guardianship for an older adult. For example, some people think they need a guardianship of the estate to manage an older adult’s money, but other options may be available.
• A conservatorship is not the same as a guardianship in Ohio. In other states, a guardianship of an adult may be called a “conservatorship.” In Ohio, a conservatorship is different. A conservatorship is for someone who is competent to make decisions but needs help to carry out those decisions. For example, you may want a conservatorship for someone who can think for themselves but has a physical condition and needs help paying bills.

In any case, less restrictive alternatives may help someone without the need for a guardianship.

Help with medical issues 

Sometimes a child’s doctor suggests getting a guardianship when the child is about to turn 18.

While guardianship would give you specific rights and responsibilities, there may be other options.

For example:

• HIPAA releases. Your adult child could sign a HIPAA release to give you access to their medical records. Each doctor’s office or hospital usually has their own HIPAA release form. You can give the completed form to the doctor’s office or hospital to have on file. The capacity of your adult child to sign paperwork would need to be evaluated by your adult child's doctor.
• A Healthcare Power of Attorney. Your child could sign a healthcare power of attorney when they turn 18 to name someone who could make medical decisions for them if they become unable to. You can find a sample Healthcare Power of Attorney Form on our site. You can give a copy of the completed form to the doctor’s office or providers who may need it. The capacity of your adult child to sign paperwork would need to be evaluated by your adult child's doctor.
• Written notices to doctors. Your adult child could provide a written notice to their doctors explaining that they want you to accompany them to their appointments as a reasonable accommodation. You can find a sample request for a reasonable accommodation (for housing) on our site. Your child could also explain situations where they don’t want your help.
• A written plan that names supporters. Your adult child could create a supported decision-making plan to name supporters who could help them. The plan could explain what each person could help with. Find a sample supported decision-making plan from the Ohio Department of Developmental Disabilities.

It’s helpful to consider options early, if you can, before your child turns 18. 

Even if they need a lot of support, they don’t necessarily need a guardianship. Other options may be effective.

Help with school 

If your child is still in school when they turn 18, they may need to sign a FERPA release for you to talk with school staff or have access to their school records. The school should have a FERPA release that you can ask for.

If your child is under 18 years old, you don’t need a FERPA release.

Help with money issues 

While some people need a guardian to make money decisions on their behalf, other people can rely on their support system and other alternatives. 

For example: 

• Consider a Financial Power of Attorney. A power of attorney is a written legal document that explains who could make decisions for a person if they become unable to make decisions on their own. If your child is capable and at least 18 years old, they could sign a financial power of attorney to name someone who could make decisions for them about money, banking or signing a contract. A valid power of attorney can help avoid the need for a guardianship. You can find a Financial Power of Attorney Form on our site. The capacity of your adult child to sign paperwork would need to be evaluated by your adult child's doctor.
• Be their authorized representative. It’s common for someone with developmental disabilities to qualify for Supplemental Security Income (SSI) and Medicaid. You don’t necessarily need a guardianship to help your child with Social Security or Medicaid. You may be able to act as their authorized representative for Social Security or for Medicaid. 
• Be a representative payee. You could become a representative payee to help your child manage their Social Security payments. The Social Security Administration appoints representative payees. Learn more about payees from the Social Security Administration. There are federal rules for spending, accounting and making sure the money is used to benefit the individual. Make sure you follow these rules. 
• Open a STABLE account. A STABLE account is a special kind of investment account for people with disabilities. It lets them save and invest without losing access to benefits like Medicaid or Social Security. Check the STABLE eligibility screener to see if you may qualify to open an account. You may be able to help your child apply for a STABLE account as their authorized legal representative.
• Be their chosen representative. You could become your child’s chosen representative to get information about the programs and services they receive. As a chosen representative, you can ask for information and receive notices. Find the chosen representative form from the Ohio Department of Developmental Disabilities.
• Help with a supported decision-making plan. Your child could create a written plan naming supporters who could help them with financial decisions, like how they spend and save their money. Find a sample plan from the Ohio Department of Developmental Disabilities.

Limited guardianship 

You may need to go to court if you need specific legal rights. But instead of asking for a full guardianship, you could consider a limited guardianship.  

• Ask for a time-limited guardianship. You could apply for a limited guardianship if you only need the guardianship for a limited time. Limited guardianships are less common than full guardianships, but they may be an option in some situations.
• Apply for limited authority. If your child only needs help making decisions in certain areas of their life, you could ask for a guardianship limited to those needs. In your application, indicate that you are applying for a limited guardianship and explain the limited powers you are requesting.

Where to get more help 

Learn about other alternatives to guardianship from Disability Rights Ohio and Pro Seniors.

You also may want to: 

• Contact Adult Protective Services about an older adult. If the person is 60 or older, check into services offered by the county Adult Protective Services agency. APS connects older adults to services in the community. It also investigates abuse, neglect and exploitation of older Ohioans. 
• Work with the county board of DD. In Ohio, county boards of developmental disabilities offer services to adults and children with developmental disabilities.