Welcome to the 6th Edition of Transition Touch Points! Transition Touch Points is a publication used to share information, community resources and to

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Welcome to the 6th Edition of Transition Touch Points!

Transition Touch Points is a publication used to share information, community resources and topics that are important for the transition from school to life beyond.

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Guardianship & Alternatives

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Guardianship

At the age of 18, students reach the age of majority. This is the age at which a person, formerly a minor, is recognized by law to be an adult, capable of managing his or her own affairs and responsible for any legal obligations created by his or her actions. For students with disabilities and their families that can be an extremely confusing time. Families may either seek guardianship or seek alternatives to guardianship.

In the eyes of the law, even a person with a significant developmental, cognitive, or mental health disability is legally permitted to make decisions on his or her own behalf at the age of majority. The only way parents can continue making decisions for their child is to become their legal guardian.

Guardianship: Guardianship is a court-ordered arrangement in which one person is given the legal authority to make decisions on behalf of another person whom a court has deemed to be “incapacitated.” The guardian’s decision-making authority extends to all areas specified by the court.

Limited Guardian: A limited guardian makes decisions in only some specific areas, such as medical care. Limited guardianship may be appropriate if the person with a disability can make some decisions on his or her own.

General Guardian: A general guardian has broad control and decision-making authority over the individual. General guardianship may be appropriate if the person has a significant intellectual disability or mental illness and, as a result, is unable to meaningfully participate in important decisions that affect him or her.

Conservator: A conservator manages the finances (income and assets) of a person with a disability. A conservator has no authority to make personal decisions (medical, educational, etc.) for the person whose funds he or she is managing.

Deciding Whether Guardianship is Necessary
For parents, the decision to seek guardianship can be difficult. You need to protect your son or daughter with a disability, but there may be some areas where he or she can make sound decisions. Fortunately, legal guardianship is not an “all or nothing” proposition. It is possible to carve out some areas where you son or daughter can retain important decision-making rights and control of his or her own life.

When considering how much authority you need—and how much independence your son or daughter should retain—you should begin with an assessment of the different areas in which your son or daughter may need your assistance. These areas may include: medical, educational, financial, vocational/adult services, living arrangements, legal, self-care, safety, and communication.

Alternatives—Supporting an Individual with a Disability

Alternatives to Guardianship can provide formal and informal methods for supporting individuals with developmental disabilities to make choices and decisions and seek a life that meets his or her needs. This support may include:

Representative Payee: If an individual’s only source of income is SSI, social security, or other federal supplement, a representative payee may be a helpful alternative to guardianship. A representative payee is a person who is given the authority to receive and manage federal benefits for someone who cannot manage the benefits on their own. To do this, an application needs to be submitted to the Social Security Administration or other federal benefit agency, such as the Veterans Administration.

Power of Attorney: A power of attorney is a legal document that gives the decision-making power from one person (principal) to another person (agent). Unlike a guardianship, the court is not involved. A power of attorney can only be used if the principal understands what they are signing. Powers of attorney can be used to officially allow someone else to act in place of the person with a disability. For example, the agent could sign an apartment lease or set up a bank account on behalf of the person with a disability.

A power of attorney can only be signed if the principal understands what they are signing. It is easy to find power of attorney forms on the internet, but only a Michigan attorney can make sure that your power of attorney meets your specific needs, including complying with current Michigan law.

Designation of Patient Advocate: A designation of patient advocate is a special type of power of attorney. It is a tool that gives someone else the power to make medical decisions if an individual cannot make those decisions for themselves.

Like a regular power of attorney, a designation of patient advocate can only be signed if the individual understands what they are signing. Again, consult with a Michigan attorney if you are interested in a designation of patient advocate.

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This Time in the Resource Spotlight...

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ARC Community Advocates

As an organization, Community Advocates are working with individuals with intellectual and developmental disabilities and their families to speak up – to voice their wants and needs whether for work, school, housing, or any other area of life. They speak with clients, area support agencies, and governmental organizations to ensure seamless access to services and that each individual is able to live a life that is fully included in the community.

For more information, visit their website by clicking here.

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upcoming events

Upcoming Events

December 15 - Movie and Pizza at Kalamazoo 10. The cost is $8. Please contact Jim Clark at 269-207-7250 for more information.

December 20 - Project SEARCH recommendations due to Adam Danapilis at the Juvenile Home

January 26 - Bumper Bowling and an hour of Arcade at Airway Lanes. The cost is $20 and the event is from 2:30 - 5:30. Please contact Jim Clark at 269-207-7250.

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