Q: My son recently turned 18 and he's Autistic. How do I apply for guardianship or power of attorney?
A: If your son is autistic, you will likely need a guardianship (as opposed to a power of attorney). A guardianship is a court order giving someone authority to make decisions for someone else. It can be over someone's person, estate, or both. It is like having custody over a child, but can apply to disabled/impaired adults. A power of attorney does not require a judge to issue an order. However, a power of attorney can only be granted by someone who is competent. Your autistic child may not have the competency required to give you a power of attorney. In order to get a guardianship, you would need to file a petition with the court in the county that your son lives. You would also need a doctor's evaluation of your son, which will be submitted to the court. If you would like to discuss further or need assistance with a guardianship, feel free to contact me at (501) 960-6060. Best of luck.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
