Making Informed Choices for Transition Planning: Understanding Guardianship, Supported Decision-Making, and Power of Attorney

I recently had the privilege of presenting a webinar for the Illinois Chapter of Learning Disabilities of America (LDA) on transitioning from school life to adulthood for individuals with disabilities.

The topics that sparked the most discussion were guardianship, supported decision-making, and power of attorney (POA). For parents helping and guiding their loved ones through this transition, these subjects can be quite confusing. What are the differences? How do you select the best option for your child?

I recommend consulting with a special needs or disability attorney first. The information I provide here is just to help you start your research. I am not recommending any of these options specifically, nor am I an attorney.

As the parent of a 35-year-old son with Down syndrome, I understand the challenges of transition planning, deciding on guardianship, and all the other decisions that need to be made during this time.

I want to share that this can be a very emotional process. This is the moment you help your child decide how they want to live their life, where they want to live, what kind of work they want to do, and so much more.

There are many aspects to transition planning, and this article will specifically cover guardianship, supported decision-making, and power of attorney (POA).

Guardianship, Supported Decision-Making, and Power of Attorney:

What are they and how are they different?

Guardianship:

• A court-appointed legal arrangement where a guardian is given authority to make decisions for someone deemed unable to make decisions for themselves (the "ward").

• The guardian has control over financial, medical, and other important decisions.

• It is established at the age of 18 and must be renewed every year.

Supported Decision-Making:

• A collaborative process where an individual retains full decision-making authority.

• The individual receives support from trusted individuals (supporters) to help them understand options and make informed decisions.

• It promotes self-determination, control, and autonomy while fostering independence.

• The individual retains all legal rights and autonomy.

Power of Attorney (POA):

• A legal document where an individual (the "principal") voluntarily grants another person (the "agent" or "attorney-in-fact") authority to act on their behalf in specific matters like finances or healthcare.

• It preserves the individual's legal rights and independence.

• It is an alternative to Guardianship and Supported Decision-Making.

There are also specific POA documents:

• Durable Power of Attorney grants broad power to parents.

• Medical Power of Attorney allows parents specific rights regarding medical care, treatments, hospital admissions, end-of-life care, and access to medical records.

• Financial Power of Attorney grants parents specific financial rights to open bank accounts, pay bills, apply for disability benefits, and handle disability insurance.

I understand this is a lot of information. It serves as an overview to help you better understand the options and choose the one that best fits your child. A licensed disability attorney should be consulted for more details on each of these options and to assist you in deciding which one is most suitable.

You don't have to do this alone. I recommend doing your research and talking to other parents about their experiences. Most disability organizations also have information regarding guardianship, supported decision-making, and POA on their websites.

The transition from school life to adult life is filled with decisions. Remember to ask yourself and your child, "What do you want?" It is the first step to starting your transition planning journey.

Linda Bonner is an international bestselling author of “Blessed with Extraordinary,” speaker, and disability champion.  Her mission is to equip families and communities with shared disability resources and education to advocate locally and beyond.

You can connect with her at www.blessedwithextraordinary.com, on social media @more_extraordinary_days, and on LinkedIn at Linda Bonner.