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I am a parent of an 18 year old with developmental disabilities. Must I become his/her guardian?
At age 18, all of us, whether with a disability or not, reach the age of majority and are legally free of our parents' control. In the case of someone with a disability, he/she is considered independent unless a guardian is appointed. While, in reality, most doctors and facilities would not question the decision of an involved parent; it may be advisable to become your son/daughter's guardian and put in place future guardians (stand-by and alternate stand-by) to be available after your death when no one would be available to give consent. For more information and assistance you can contact the Commission on Quality of Care.
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Guardianship for a child with a Developmental Disability
Questions and answers on guardianship, where to turn for assistance.
URL: http://cqc.ny.gov/advocacy/protection-advocacy-programs
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