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As I understand it, legal guardianship only applies to children under 18. Supported Decision-Making allows people with disabilities to keep theright to make certain decisions. The guardian will request funds from the trustee to maintain the protected persons household, and pay for trips, vacations, clothing, etc., for the protected person's benefit. If the person with DS does not have an estate, then the cost usually falls on the family caregiver. How to Arrange for Guardianship of an Impaired Adult - wikiHow This website is for informational purposes only and does not provide legal advice. As pointed out above, the first thing to do is determine if your brother has mental capacity as defined by the Mental Capacity Act 2005. The document must be in writing, witnessed, and, depending on state law, notarized. Explore supported decision making (SDM). In addition, arrangements can be made authorizing the bank to send certain sums of money on a regular basis to a specified party, such as the landlord, or the person with a disability for spending money. The latteris a legal document that grants a specific person the ability to act on another persons behalf. You can also apply to a court to help someone make decisions if they do not have mental capacity now. This includes making sure they are fed, clothed, sent If you also have the ability to access government benefits to be the adult family care provider under Medicaid provisions, you will not be able to be your childs guardian. But opting out of some of these cookies may have an effect on your browsing experience. Initially, the student and parent(s) are notified by the school at least one year prior to the student's eighteenth birthday that the transfer of rights . It is only possible to gain guardianship of an adult through a legal process that involves a court hearing. Such a disability reflects the necessity for a combination of treatments and services. PDF Guardianship of Individuals with Developmental Disabilities Toolkit Types of Guardianships of Minor, Elderly, and Incapacitated Persons