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Understanding Guardianship for Young Adults with Disabilities

Understanding Guardianship for Young Adults with Disabilities

As a parent, friend, or family member of a young adult with a disability, you are intimately aware of your loved one’s capabilities and limitations. This person may require assistance in making important decisions that impact their quality of life, health, education, or financial wellbeing, among others. While acting as an informal advisor provides some level of support, there may come a time when a legally-binding arrangement better serves your loved one’s best interest. 

Securing a legal guardianship to act on a young adult’s behalf involves working through a complicated court process. Common missteps typically cause everyday people to suffer delays, refile cour documents, and even start the process over. Compounding the problems associated with the dense bureaucracy, there are no one-size-fits-all guardianships for young adults. At Lilac City Law, we work with loving families every day to navigate the guardianship process. If you are considering a young adult guardianship, these are things you can anticipate during the process. 

What You Need To Know About Guardianships

Caring people outside the legal professions often believe that securing a legal guardianship is their only option to protect a loved one. This is not necessarily the case. Several alternative options may adequately resolve any concerns or needs. Washington State’s guardianship statutes require other legal pathways to be considered. Moving forward with a young adult guardianship filing could prove a waste of time and resources unless the following items are considered first. 

Education Representative

In Washington State, an automatic Transfer of Rights occurs when a minor turns 18 years old. In instances of minors with disabilities, the school district may notify parents, guardians, and the student before this transfer. It’s not uncommon for loved ones to promptly file for guardianship rights as the age of majority approaches. But retaining rights over a young adult with a disability can have unforeseen negative results. For instance, a guardianship could impact the person’s right to vote, among others. Becoming a legally designated educational representative limits authority and decision-making power. But it also leaves the individual’s other rights intact. 

Payee Representative

Guardianships for young adults tend to deliver broad decision-making powers. But when a loved one only needs assistance in niche areas, becoming a legal representative can have advantages. Representative payees typically field revenue such as Social Security Disability benefits on behalf of the person and oversee their bill-paying obligations. This legal designation limits oversight to financial matters without impacting other rights. 

Power of Attorney

A somewhat broader solution may be gaining a power of attorney. This allows loved ones to make informed decisions on financial, medical, and other essential life issues for the young adult. This designation is typically voluntarily transferred by the young adult.  

Wide-reaching alternatives to a young adult guardianship also include items such as a special needs trust, and vulnerable adult protection orders, among others. In all likelihood, the court will ask to what degree alternatives were considered or pursued before agreeing to a guardianship arrangement. If you have not thoroughly explored these possibilities, your guardianship petition could be rejected. That means the time invested would be wasted as the court sends you back to square one. 

Filing Young Adult Guardianship Paperwork

A young adult guardianship attorney can help decide the most straightforward pathway for protecting your loved one’s best interest. Having an attorney who routinely works through this process, your petition will be strengthened by the fact alternatives have been explored. Articulating the reasons why a guardianship provides the best possible protection and care will help avoid the court denying the petition and forcing you to start all over. 

The time saved by diligently navigating the process can help avoid a gap between when the person turns 18 years old, and the guardianship begins. Although the guardianship tends to be rigorous and requires complicated filings, it can be expedited in a matter of months if no errors or missteps occur. That being said, these are standard documents that are required to be filed with the court, among others. 

  • Petition for Guardianship 
  • Guardian ad Litem Order
  • Notice of Petition 
  • Declaration of Service
  • Order Appointing Guardian
  • Declaration of Proposed Guardian
  • Guardian Oath
  • Mandated Guardianship Training Declaration 
  • Standby Guardian 
  • Guardianship Inventory

Failing to file accurate petitions supported by thorough documentation ranks among the primary reasons why everyday people suffer delays in the young adult guardianship process. Financial concerns often drive the decision to try and negotiate the high legal standards and bureaucracy. Working families are often pleased to discover they may qualify for no-cost court filings and guardian ad litem services. Enlisting the help of an experienced guardianship attorney can save you time, as well as money. 

Common Steps To Secure A Young Adult Guardianship

Although the documentation required to petition the court for a guardianship can be quite stringent, judges understand that a vulnerable community member sometimes needs the support of loved ones. The court proceedings are designed to deliver that support while ensuring the young adult’s best interests are served. 

Commonly acceptable reasons to petition the court include a disabled minor nearing the age of 18, inability to provide self-care, or manage finances. It may also be necessary to intervene when a disabled person suffers from neglect or is being exploited. If you are seeking a young adult guardianship, these are procedural elements you can expect.

  • Guardianship Training: If you are a non-professional or “layperson” in legal jargon, the court will mandate that you undergo guardianship education. Training sessions are generally free of charge and can be conducted online. The coursework typically takes about two hours and outlines a guardian’s duties and responsibilities. The court will require a declaration of completion. You can save time by completing the sessions before petitioning the court. 
  • Petitioning For Guardianship: The paperwork mentioned above will need to be completed and supporting documentation compiled. With the help of your guardianship lawyer, a guardian ad litem candidate may be included. Having a diligently prepared filing can save substantial time and avoid common setbacks.  
  • Court-Appointed Guardian Ad Litem: At the initial court hearing, a guardian ad litem is usually appointed. This certified professional will conduct an independent review and provide the court with a report. You can expect an in-home visit, and additional professionals may be included. It’s not unusual for a social worker to accompany the guardian ad litem. These professionals consider the environment and ask questions to understand whether the proposed guardianship is in the young adult’s best interest. 
  • Guardianship Hearing: During the formal hearing, judges ask specific questions to determine whether a guardianship is in the person’s best interest. It’s not unusual for a judge to bring up alternatives, and your legal representative will need to articulate why the petition before the court is the best option. Parties who are against the guardianship may also speak at the hearing. Your lawyer can cross-examine any opposing parties and making arguments on your behalf. 
  • Letters of Guardianship: Should the court rule in your favor, a formal document will be issued that transfers decision-making powers to the guardian. The letters may also outline certain restrictions.

The young adult guardianship process does not necessarily have a specific timetable assigned to case review and completion. A diligently drafted petition with supporting documentation can save you a significant amount of time. And, having completed to guardianship training in advance helps facilitate the process. Other important time-related issues include being available for the guardian ad litem visit and potential follow-up questions.

Working With An Experienced Guardianship Attorney Saves Time

Although the court system can be challenging to negotiate for everyday people, lawyers who secure vital guardianships for community members have the skills and experience to expedite the process. Along with common pitfalls such as misfiled court papers and inadequate supporting documents, laypeople sometimes don’t indicate the scope of guardianship. Judges may be willing to order a limited guardianship rather than agree to full and unfettered decision-making authority. 

When everyday people try to petition the court on their own, these are the types of issues that get them bogged down. By working with an experienced young adult guardianship law firm, your case can flow through the court system seamlessly. Having a qualified legal professional to answer technical legal questions helps everyday people overcome potential setbacks and keep the process fast-tracked. 

If you have a minor child approaching 18 years old or are considering securing a guardianship for other reasons, Lilac City Law provides determined legal services that support our vulnerable community members. Contact our law office and schedule a young adult guardianship consultation today.

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I highly recommend everyone at Lilac City Law. They helped me through every step of the SSDI process. Thank you so much!!
Scott Poe
Scott Poe
00:24 02 Jul 20
I don’t know really where to start in order to cover the magnitude of professionalism, understanding, persistence and compassion Lilac City law showed me. From Randi to each one of her staff-they worked very hard on my case and pushed me to keep fighting in the midst of several set backs from disability. They were always atop of communicating with me and all others involved. I highly recommend them and not just because I received a favorable decision but because of the plan they executed; so even if the results were unfavorable-I would still not hesitate knowing I chose the right practice. Thank you for you compassion and patience😊
Joyce Kelly
Joyce Kelly
22:01 02 Jun 20
Randi serves humanity with compassion and grace in dealing with all matters of life and death. I would highly recommend her for all the services she offers.
Sarah Boban
Sarah Boban
20:14 16 Apr 20
I wholeheartedly recommend these people. I had a crazy case and at times I was a mess. My team, Randy, Pam, David, and, Marissa always treated me with kindness and compassion. Thank you guys so much for the huge difference you've made in my life.
Jenni Boo
Jenni Boo
23:24 12 Mar 20
I had my hearing yesterday for Social Security Disability. I was very nervous , but we won my case. Randy and the whole team at Lilac Law was very supportive and understanding! They truly want to help people win the benefits they deserve and I highly recommend them!
Tiffani Pelella
Tiffani Pelella
17:38 03 Mar 20
Initial meeting with David Morris went well. He treated me with respect and understanding. I felt that I was listened to. Even accommodated me when I arrived 1 hour early. Highly recommended.
Tom Richardson
Tom Richardson
18:09 06 Feb 20
The staff is so great, it was really great to work with them all, and they were able to help me tremendously! Thank you for a great experience!
Becki Lynn
Becki Lynn
23:43 28 Jan 20
Don't remember exactly when I first met with them, but they were absolutely amazing to work with and only took a few months for my disability claim to be approved.I highly recommend Lilac City Law.
Matt Napora
Matt Napora
17:46 06 Jan 20
Everyone needs to take care of their estate and make sure their family is well taken care of. Randi and her team will take very good care of you and protect you and your family’s future. You cannot go wrong using their services. Client service is their top priority!
Kim Benjamin
Kim Benjamin
21:52 02 Nov 19
Randi is a terrific lawyer and a terrific person. I wish we lived closer so that we could work with clients together more often.
Meghan Freed
Meghan Freed
17:31 02 Nov 19
They really CARE about their clients and work with passion! Highly recommend!!!
Jamile Moraes Pellicer
Jamile Moraes Pellicer
00:36 30 Oct 19
Randi and her team are knowledgeable, compassionate, and very helpful with their clients. I highly recommend Lilac City Law!
Connie Kaplan
Connie Kaplan
18:36 29 Oct 19
Excellent firm. They really care about their clients. You cannot go wrong with Randi and her team.
John Nachlinger
John Nachlinger
12:27 18 Oct 19
What a great place! Thanks again!
S Binks
S Binks
22:39 01 Oct 19
Randi and her Team helped me through my disability claim and they were there through every question I had. Great Customer Service! Timely returned calls and emails, very knowledgeable and helpful the entire time and even afterwards! Will definitely be working with Randi and her Team in the future!
Ronda Wheatley Ives
Ronda Wheatley Ives
17:02 21 Aug 19
Wow, these guys were so nice and easy to work with. It ended up that they couldn’t help us with what we needed, but the gentleman we worked with went above and beyond my expectations, and more. I could tell that they really care about people there, not just cases. He was super patient in explaining things to me when I didn’t understand, it wasn’t a stressful experience as I thought it would be. Thanks for everything guys!
Melanie S
Melanie S
06:09 21 Aug 19
Lilac City Law is an incredible firm! I had the pleasure of working with the amazing team at Lilac City Law for nearly 2 years. Their team is absolutely remarkable! They are extremely knowledgeable, helpful, and overall compassionate when it comes to working with their clients. I sought their assistance nearly 2 years ago and have continued to work with them. I had a great deal of interaction with more than just one member of the Lilac City Law team and therefore can attest to the fact that this group of individuals is absolutely unparalleled. Attorney, Randi Johnson, is an exceptionally skilled lawyer as well as an overall remarkable woman! Her support staff is incredible as well, including Cassandra, Pam, Marissa, David, etc. with all of them by your side you have been blessed and are going to receive the best results possible. I would absolutely recommend seeking assistance from this law firm, as they have the ability to change lives; they definitely did mine. Thank you all so, so much!
Torrey Tolmie
Torrey Tolmie
17:03 22 May 19
Lilac City Law went above and beyond to help my partner get her SSI. My partner had been trying to win for 12 years and finally won. We can't say thank you enough. Thank You Randi and team for all you have done.
Malick Darian White
Malick Darian White
21:33 29 Apr 19
Randi and team are amazing! We previously had our will and other documents prepared by another firm in the Seattle area where we are from. I met with Randi to update areas of my trust and was soooooo impressed with how much more she provides than the firm who first helped me. I love the short term care directive that she provides and think it is amazingly thoughtful!! Thank you so much Randi Johnson!!
Noah Gross
Noah Gross
17:36 01 Feb 19
I had a great experience with Randi and her team this past year when we worked with them to create our first-ever wills and trust. Planning for your untimely death and discussing personal finances aren't always fun topics, but we were appreciative of Randi's approach to these potentially uncomfortable conversations and especially liked the recorded legacy interview she conducted with us. Total 5-star experience!
Tine Reese
Tine Reese
20:39 30 Jan 19
I had a great experience with Randi and her team this past year when we worked with them to create our first-ever wills and trust. Planning for your untimely death and discussing personal finances aren't always fun topics, but we were appreciative of Randi's approach to these potentially uncomfortable conversations and especially liked the recorded legacy interview she conducted with us. Total 5-star experience!
Tine Reese
Tine Reese
20:37 30 Jan 19
My husband and I worked with Randi and her team to complete our last will and testament, advanced directive, and health care proxy in the summer of 2018. Randi, and her team, as well as David Morris, were exceptionally kind, very professional, and thorough. We had several meetings to go through the important stuff - the financial info, heirlooms, and disposition of my husband's motorcycle. At each meeting, Randi and her team listened to our intentions and concerns. At the signing ceremony, we got a huge binder with our info and a data stick for safekeeping. Included in our will is a review which will take place every other year. We also got a document which states who can take our children to give our babysitter in case something bad happens to us when we were out. I'm very satisfied with Lilac City Law, and their work. I would recommend them without qualification to anyone.
Anna Marie Martin
Anna Marie Martin
23:52 29 Jan 19
Parents are so intentional about so many aspects of their children's lives. Few will forgo putting together a will. But, what if you don't die? What if you are just incapacitated? Are you prepared for the unexpected? Are you leaving your children at risk? If someone else does raise them, do you know that they will be raised according to your wishes? Have you even thought through what your wishes are? All these questions and more will be covered in the process of completing a Family Protection Plan with Randi Johnson at Lilac City Law. Having our Family Protection Plan in place gives me an incredible sense of comfort and peace of mind. I highly recommend Randi and the staff at Lilac City Law. Hopefully you never need her services, but isn't it better to be prepared than to leave things to chance?
Marchauna Rodgers
Marchauna Rodgers
03:16 22 Jan 19
My Husband and I were fortunate to work with Randi on his disability case-she mindfully guided us through that process -we were so pleased with the results that Lilac City Law was of course our choice to have when producing our family trust. Again a very professional, heartfelt experience that made what seems to be a difficult process very easy thanks to Randi and her staff. We always recommend Randi to our community of friends and family. Pat and Patty Murphy
Patty Murphy
Patty Murphy
20:05 12 Jan 19
I became ill over two years ago now,at the age of 29.. I experienced seizure like movements that lasted for hours or even days at a time. The doctors were at a loss for a diagnosis so they called it a mental disorder. As I was unable to care for myself most days or work, I applied for social security and was denied. I sought the help of Lilac City Law, and was immediately greeted with compassion and action. My case was a hard one to win or prove. Amy Santa helped me and explained everything to me step by step.. She ALWAYS answered my questions and showed immense sympathy for all I was going through. My case went to trial and Amy was amazing in court and won me the benefits I so desperately needed. This process was so difficult and overwhelming on my own.. I couldn’t have done it without these amazing people and thanks to them I can focus on improving my health,and not worry about my family struggling. I’m thankful and very blessed to have had them on my side! Sincerely, Ashley Schauble
Ashley Baldwin
Ashley Baldwin
01:33 11 Jan 19
Lilac City Law did an amazing job with my estate plan, which was something I had 'thought' about doing for a long time, but avoided... Fortunately, Randi and her team made the process very easy and approachable. I now feel relief knowing everything is in order for my two daughters in the (hopefully unlikely!) event something were to happen to me. Thank you Lilac City Law for helping me sleep better at night! :)
Amber McKenzie
Amber McKenzie
03:30 09 Jan 19
This has been an awesome experience from beginning to end. Randi and her team were super helpful in helping us wrestle through all the aspects of our estate plan. Randi’s knowledge of estate and wills were very obvious from the beginning and we are thankful for her and her staffs expertise. Thank you so much!
Kevin Bunce
Kevin Bunce
17:22 12 Dec 18
This firm is the go-to for family planning and protection your children. Randi and her team are excellent!
Melinda Grimaldi
Melinda Grimaldi
01:49 20 Nov 18
I needed to get my husband's advanced health directive for a procedure he was having and it was so easy to find in our perfectly tabbed out legal binder. I found it right away, made a copy and stored it right back in the binder. Thanks for making us get it, and for making it easy to find and understand.
Jessica Gruver Koefod
Jessica Gruver Koefod
19:40 12 Oct 18
I highly recommend this law firm. They have the experience and skills to help people with their plans and their future. From their work with others, they take a pragmatic approach to law and don't over complicate things unnecessarily. With that said, if a matter is complex they are very capable of handling it.
Christine Matus
Christine Matus
09:29 05 Sep 18
Randi demonstrates a beautiful balance of expertise and compassion while dealing with difficult circumstances. I'm very thankful we had her in our corner! I can't reccomend her strongly enough.
Darin Pike
Darin Pike
16:47 25 Jul 18
Randi and her staff are the best! They help you with your case and are there if you have any questions.I highly recommend them!
Tammy Reedy
Tammy Reedy
21:56 18 Jul 18
Randi did a wonderful job of asking simple questions to help us determine exactly what type of trust we needed to match our goals. Thank you so much, Randi, for taking time out of your busy schedule to get us were we need to be!
Michelle Darnell
Michelle Darnell
02:52 17 Jun 18
Such a great meeting today with Randi. Tell me who wants to talk about wills and final arrangements, right? Well, my husband and I did this today and Randi, you made it easier than we expected. What a blessing to work with such talent and know you have our backs. Between you and Cary Wong. We will be sitting pretty, no matter what life brings us. THANK YOU!
Missy Schaaf
Missy Schaaf
01:20 31 Mar 18
Vincent Adolph
Vincent Adolph
13:30 26 Feb 18
Randi and her staff are great to work with - no surprises, and she made it all so easy. Now we have a will and health directives, so our children won't be burdened when the time comes. I highly recommend!
Sharon Robertson
Sharon Robertson
18:04 05 Feb 18
Randi and her team do amazing work. Thank you very much for what you do.
Erin Whitney-Neher
Erin Whitney-Neher
20:18 23 Jan 18
Randi are her staff are amazing! They are all very knowledgable, helpful and passionate about serving others. Every step of services are explained clearly and follow-up exceeded expectations. In addition, Randi is active in the community and regularly volunteers her time and talents putting on presentations focusing on educating others on specific topics. She has a passion for assisting those with special needs or situations. For legal assistance with heart, Lilac City Law is highly recommended!
Nadine Burgess
Nadine Burgess
18:14 25 Apr 17
Excellent staff. Very knowledgeable and go out of their way to get the job done! Would recommend to anyone looking for services they offer!
Jason Spade
Jason Spade
02:17 19 Oct 16
Randi was an excellent attorney. Her staff was excellent as well. I was treated with kindness, compassion and dedication towards winning my complex and difficult case, which ultimately happened. I am very happy that I chose Lilac City Law to represent me. I would highly recommend them!!!
Richard D. Seibert
Richard D. Seibert
15:56 03 Oct 16
Melanie Jason Carter
Melanie Jason Carter
06:46 01 Sep 16
Mia Martinez-Bermudez
Mia Martinez-Bermudez
04:22 30 Jul 16
Candice Pinares-Baez
Candice Pinares-Baez
11:00 13 Aug 14