Guardianship and Supported Decision Making

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Can I go to college if I am over 18 and have a guardian?

What if I have a Supportive Decision-Making Agreement?

As more students with disabilities enter post-secondary education schools the discussion about adult guardianship and supported decision-making agreements have naturally increased. 

Guardianship (sometimes called conservatorship) of an adult with a disability is a court-ordered arrangement that grants legal authority to a third party to make decisions on behalf of the adult who cannot make those decisions themselves - necessitating a surrogate decision-maker. This includes managing their day-to-day needs and ensuring their well-being. To initiate guardianship, the court must first determine that the adult is incapacitated. The court will appoint an attorney to represent the adult's interests. If the court finds the adult is unable to make their own decisions, a guardian will be appointed. The court usually chooses someone who has a close relationship with the adult, such as a parent or adult sibling. Guardianship is similar to a power of attorney, but because it's ordered by a judge it cannot be revoked by the adult without a lengthy legal process. 

Fun Fact: Having a legal guardian qualifies you as an independent student and you do not have to report your parent's income on the Free Application for Federal (FAFSA) application to potentially receive federal financial aid to pursue a post-secondary school.

Many self-advocates suggest that guardianship is not the only option for many people with disabilities and is often not needed, overly restrictive, and used without consideration of support alternatives. 

Alternatives such as Supported Decision-Making (SDM) offer structured mechanisms for adults with disabilities who may need some support to handle the responsibilities of adulthood without impeding inclusion, dignity of risk, or self-determination. An SDM is an alternative model, where people with disabilities keep their rights and their decision-making capacity while being supported by trusted individuals who are chosen by the person with a disability.  

Which option is best for you and your family is a crucial discussion when a child nears the “Age of Majority” at 18 years of age (regardless of what grade the person may be in secondary school). Many higher education schools have documents available to help parents or supporters address concerns like medical information waivers, Family Educational Rights and Privacy Act (FERPA) rights waivers, or access to your student’s academic and financial information. Remember, higher education is a very different environment than secondary education and has a very different set of expectations about the independence and self-determination of all enrolled students. 

Advocates and educators have observed higher education programs not having a clear understanding of the limitations or restrictions of full guardianship and conversely not understanding that alternatives exist and can be used for both large and small decisions by the student with a disability. Therefore, the discussion about pursuing higher education must explicitly address guardianship, alternatives to guardianship, or other alternatives to provide the student with the appropriate levels of support to ensure their success. 

Getting to College Logo - Colored - Side.png  GTC can assist you in understanding and working towards ensuring you have all of        the completed paperwork to ensure both student and guardian are able to                        understand and support each other.

 

For More Information:

 Paying for College. How can I pay for college?

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What is, and where are the Inclusive postsecondary education (IPSE) opportunities located? 

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