Why Do Professionals Keep Telling My 18 Yr Old That He Can Make His Own Decisions When It's Obvious That He Can't?
We live in SC. Before my son turned 18 I tried to get things in order for me to still be able to have a voice in his care after turning 18. I was told that I had to wait till he was 18 to do anything about it at all. Of course at his very 1st appointment after his 18th birthday he was told that as an "adult" he can make his own decisions. The people that keep telling him that obviously don't take into account that mentally he is around 14 or 15. As a result, for almost a year now he has refused… read more
Someone gave you bad advise right from go. The guardianship process technically begins after they turn 17. There is paperwork and a court process that has to take place where you prove to a judge that he is not capable of handling things on his own. It takes months for this all to play out, that is why it generally starts before they actually turn 18.
Now you are stuck because he is 18 and legally everyone has to treat him as an adult by law. Even if they know he isn't fully capable by law they have to do what he wants. You do not want to do POA because that just means you can make decisions for him if he isn't around, but he can still do it on his own. You need to do guardianship to take full control.
Unfortunately, the best way to maintain some control over decisions and reducing his liability is to apply for guardianship.
Otherwise maybe family counseling could be a benefit, if he'll go and participate. Try to explain to your son that you aren't trying to take his ability to choose what he wants to do... you're just trying to partner with him to make the best choices for him and help make the best decisions for himself with the POA. Given that he's mentally 15 you know nothing and he's an expert so that may backfire.
Here is a link that may help. You have an attorney and then the court appoints one for your child. There are costs associated with this since it is a legal issue involving the courts.
http://www.friendshipcircle.org/blog/2012/10/16...
@A MyAutismTeam Member Thank you for your insight. It seems I've been playing catch up from the beginning since my son was officially diagnosed at the age of 13. When I went to pick up the paperwork to file for guardianship I was told that an attorney would be appointed for my son as well. Do you know if that is true? Do you have any advice that could be useful as I start down this road?
@A MyAutismTeam Member Thank you so much for your response. You are so right about him being an "expert" on life! I am currently looking for a family counselor that has experience with ASD. Hopefully they can help him see that this is a team effort :/
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