Young Adult with a Disability Turning 18: How to Support Them Best

As caregivers, we play a crucial role in guiding our youth through their transition into adulthood. In some cases, limited or full guardianship may be necessary for protection. In other cases, supported decision-making is the best fit.

While many individuals can make decisions independently or with support, some may need guardianship to ensure their well-being. Guardianship allows responsible decisions to be made on their behalf and can be adjusted if their decision-making abilities improve.

When assessing the type of support needed, consider how the individual manages decisions regarding various aspects of life, including:

Education and Work

• Can they get to school or work independently?
• Are they able to advocate for the support they may need?

Healthcare Needs

• Can the individual manage their own medications?
• Are they able to schedule doctor appointments?
• Do they understand and interpret medical advice from practitioners?

Finances and Housing Decisions

• Can they manage their money and budget for essentials (rent, utilities, food, etc.)?
• Are they able to pay bills on time?
• Do they know how to respond in an emergency (e.g., calling 911 and communicating the situation)?
• Can they recognize and safely exit vulnerable or dangerous situations?

 Supported Decision-Making or Guardianship

Supported Decision-Making: This allows young adults to plan their lives with the help of a trusted support team while maintaining control over their own decisions. They choose their supporters and determine the areas where they need assistance.

Guardianship: If the individual cannot make these decisions independently, guardianship may be necessary to protect their well-being. Guardianship can be adjusted as their abilities evolve.

When deciding between supported decision-making and guardianship, it is crucial to prioritize the individual’s desires and needs by allowing them the Dignity of Risk. This concept emphasizes an individual’s right to make decisions, even if there is some risk involved. Teaching young adults to assess and manage risks is essential for developing independence.

Judicial Determination of Incapacity

If an individual cannot make decisions or care for themselves independently, a judge may deem them incapacitated and appoint a guardian. Incapacity is a legal determination based on the individual’s functional limitations, including:

• Inability to receive and process information
• Failure to provide basic living conditions (shelter, food, etc.)
• Inability to manage medical and financial responsibilities

By carefully assessing these areas and understanding available options, caregivers can make informed decisions that respect and support the autonomy of young adults with disabilities.

Additional Resources:

• National Center for Supported Decision-Making
• For additional resources on this topic and worksheets for your youth and family members, access the RED section of both the Youth Workbook and/or the Choices Book.
  
• Guardian Handbook
• More information on guardianship options and Supported Decision Making can be found on the Disability Law Center website.
• Sample Supported Decision-Making Agreement:https://supporteddecisions.org/wp-content/uploads/2024/03/CPR-SDM-agreement-FOR-WEBSITE-English.pdf