Guardianship

Understanding Guardianship for Young Adults with Developmental and Intellectual Disabilities: Information for Families

As children with developmental or intellectual disabilities become adults, families often need to make important decisions about how to best support their loved one’s independence, safety, and well-being. One of these decisions may involve guardianship. Learning about the different types of guardianship and the evaluation process can help families make informed choices that respect the young adult’s rights and needs.

Guardianship

Understanding Guardianship for Young Adults with Developmental and Intellectual Disabilities: Information for Families

As children with developmental or intellectual disabilities become adults, families often need to make important decisions about how to best support their loved one’s independence, safety, and well-being. One of these decisions may involve guardianship. Learning about the different types of guardianship and the evaluation process can help families make informed choices that respect the young adult’s rights and needs.

Guardianship

Understanding Guardianship for Young Adults with Developmental and Intellectual Disabilities: Information for Families

As children with developmental or intellectual disabilities become adults, families often need to make important decisions about how to best support their loved one’s independence, safety, and well-being. One of these decisions may involve guardianship. Learning about the different types of guardianship and the evaluation process can help families make informed choices that respect the young adult’s rights and needs.

What is Guardianship?

Guardianship is a legal arrangement where a court appoints someone (the guardian) to make certain decisions for a person who cannot make those decisions on their own because of a disability or other challenges. Guardianship is meant to protect people who may not be able to fully manage their personal, medical, or financial affairs. There are several types of guardianship, and there are also alternatives, such as supported decision-making, which allows individuals to make their own choices with help from others. For more information, you can visit the Special Needs Law Group of Massachusetts or The Arc.

The Guardianship Evaluation Process

Before a court grants guardianship, a thorough evaluation is required to understand the young adult’s abilities and needs. One important document in this process is the Clinical Team Report (CTR). The CTR is a detailed assessment prepared by a team of professionals to help the court decide if guardianship is needed, and if so, what kind and how much support is appropriate. The CTR must be signed by a physician, psychologist, and social worker.

Our practice provides the psychological part of the CTR. This involves a brief assessment with Dr. Travers and a short questionnaire for the parent or caregiver. Afterward, a report is completed, which the social worker can use to finish their part of the assessment.

To help make this process easier, Dr. Travers recommends Rachel Sletzinger, LICSW, Co-Founder of Infinite Routes, LLC, to complete the social worker section of the CTR. You can learn more about Ms. Sletzinger and Infinite Routes LLC here.

Guardianship Resources and Training

For more information and support about the guardianship process, parents and caregivers can explore these resources:

Key Information

What Does the Clinical Team Report Address?

  • Decision-Making Abilities: Can the individual understand, appreciate, and communicate choices about health, finances, and daily life?

  • Vulnerabilities: Are there risks to safety, exploitation, or neglect if the individual is left without support?

  • Potential for Independence: What supports or accommodations could help the individual make decisions or live more independently?

  • Preferences and Wishes: What does the young adult want? How can their voice be included in the process?

Why is the Clinical Team Report Important?

  • Protects Rights: Ensures that guardianship is only used when truly necessary and in the least restrictive way.

  • Informs the Court: Provides objective, expert information to guide legal decisions.

  • Supports Families: Helps families understand their loved one’s abilities and needs, and plan for appropriate supports.

Tips for Families

  • Be Involved: Attend meetings, share information, and advocate for your loved one’s preferences.

  • Ask Questions: Make sure you understand the assessment process and the report’s findings.

  • Explore Alternatives: Ask the team about supported decision-making and other options before pursuing guardianship.

In Summary

The clinical team report is a key part of the guardianship evaluation process, ensuring that decisions are based on thorough, multidisciplinary assessment and that the young adult’s rights and needs are at the center of the process. If you have questions about the clinical team report, talk to your healthcare provider, social worker, or legal advisor for guidance.