A word or two on Guardianship

We are the legal guardians of our son Joel in the State of Texas. He is an autistic 20 year old who, although is a joy and makes the world a better place, cannot function independently. We spent quite a bit of money for lawyers and went to court to receive legal guardianship of our son. We did so to keep him protected from anyone who may wish to take advantage of him either in the work place or in a relationship.

His limitations include being unable to drive, being unable to communicate with great meaning, being unaware of subtleties, not understanding danger, and lacking in the imagination needed to solve basic human problems. So we asked to take care of him and be responsible for him. It is a heavy responsibility and goes against the American Dream of getting your kids out of the house and on their own. Yet we are comfortable in the role as guardians. I was confused as to why the court system made it so difficult and expensive until I discovered that some people ask to be guardians of the elderly, particularly those with money. Guardianship includes overseeing accounts belonging to the individual.

Since Joel had no money, it was an easy solution for us to assume guardianship. If we ever leave the state, however, we will have to reapply for guardianship with another state. This means that we will try to transfer his files to another state. Yet, due to a variation of "institutional arrogance" the new state will want us to start the process anew to ensure we are not trying to get control of Joel's estate. Remaining in the state means we will always be responsible for him. We are fine with that and accept it as our obligation to our special needs son. While some may see this as a burden, we, instead, see it as an opportunity to help and protect Joel as he matures and becomes an adult.

Parents of disabled children need to keep careful records and begin to make provisions for the future, including living arrangements, financial help, physical needs, and legal expectations. Guardianship is an adequate solution to those adults unable to make protective decisions for themselves.