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Reasons Parents Might Seek Guardianship
Medical and health concerns, including seeking care and following medical advice
Financial and legal (decision-making) concerns, including signing of contracts
Educational concerns, including advocating to obtain services
Self-care and safety concerns, including matters of sex/sexuality
Program and placement matters, including accessing vocational/adult services and
living arrangements
Mistaken belief that it is required in order to be eligible for services from New
Jersey Department of Human Services Division of Developmental Disabilities
Fear of the young adult’s lack of decision-making capacity
Misinformation that they “must” get guardianship
Fear of what will happen when parents are no longer around
Reasons Parents Might Want to Avoid Guardianship
To not make a public declaration of incompetence
To limit how involved the courts are in their lives
To discourage people from dealing only with the guardian and ignoring
the individual
To promote independence, dignity, and freedom of choice
Guardianship is difficult to modify or terminate
Attorneys, hearings, and evaluations are expensive
Children with special needs should have as
much input as they can based on their capacity.
Parents must begin at an early age to help their
child—regardless of their disability or special
healthcare needs—engage in decision-making
about their own care and prepare them to make
independent decisions as they become adults.
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