While both North Dakota and Minnesota law provides a process for obtaining guardianship for a child with a developmental disability who is about to turn 18, this is not always necessary.  Parents are often advised to seek guardianship in such circumstances, and are often told that they won’t be able to talk to their son or daughter’s medical providers, that they won’t be able to stop their offspring from entering a contract, that the adult child will no longer have access to governmental or educational services, or that they will be unable to be involved in their adult child’s life unless they are appointed legal guardian.
In many situations, though, the reality is that parents and other relatives can remain active and involved, without the expense and hassle of seeking the court appointment of a guardian.
For example, if the adult child is agreeable, the parent can still accompany him or her to all medical appointments; better yet, have the adult child sign a Consent for the Release of Information, allowing professionals involved in the adult child’s care and services to openly communicate with the parents or other individuals of the person’s choosing.
Even better, the adult child could sign a Health Care Directive, appointing his or her parent, sibling, or other individual to be the health care agent.   This would allow the agent to freely communicate with medical care providers, review the adult child’s medical records, and make health care decisions, including deciding where the adult child will live and receive care.  Even a person with cognitive disabilities may still have sufficient ability to understand that signing the document means he or she is giving the named agent the authority to make medical decisions, now or in the future.
If it is believed that guardianship is the only way to ensure the adult child’s care and safety needs are met, contact an attorney who specializes in guardianship.  For a proposed ward who does not financially qualify for Medical Assistance, the adult child’s own assets will be required to pay the costs of establishing and maintaining the guardianship.  If the adult child does not have sufficient assets to pay for these costs, some counties may require the parents to pay them.