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Why We Pursued Guardianship of our Son with Autism


Last Thursday morning, my husband, Dominic and I went to our county's Probate Court and had Dominic's Guardianship Hearing. My husband and I are Co-Guardians, and we were granted "Partial Guardianship," which means Dominic can make some of his own decisions (future educational and vocational placement options, what to wear and how he wants to spend his free time), but my husband and I will make his medical, health care, legal, contractual and major financial decisions. The subject of Guardianship in the disability "world" has been and continues to be a controversial and divisive topic.  I was a panelist for an Autism Conference this past summer and presented on what it's like to have a child with Autism. Towards the end of my presentation, I mentioned that Dominic had just turned 18 and that we were going through the Guardianship process. When the attendees could ask questions, the first person that went up to the microphone started telling me that I wasn't giving Dominic enough of a say in his future. Let's just say she was very angry and combative. I was caught so off-guard, that I really didn't know how to respond. Later on, after the Autism Conference was over, and I had time to think about that interaction, this woman doesn't know Dominic. She doesn't know what he is and isn't capable of. She was making a generalization, based on probably her own experiences. Deciding which route, you want to go with your individual with a disability, when they turn 18, is a very personal decision. Many, many factors go into deciding what is right for your adult with disabilities. In Michigan, there are two types of "Guardianship for an Adult with a Developmental Disability," one is "Partial" and the other is "Plenary or Full." I had heard that if the Judge grants "Full Guardianship," it is basically impossible to reverse. Part of the process before the Hearing was that a behavioral psychologist from Community Mental Health had to administer some tests on Dominic, which we did about three weeks before his Hearing. We were able to see a copy of her report before the Hearing which I appreciated.  The day after his Hearing, I was talking to some business colleagues of mine, and I was telling them that Dominic's Hearing was the day before. One of my colleagues knew about Guardianship, because she has a brother with a disability. The other colleague asked me what it was. I told her that seeking Guardianship of an adult with a Developmental Disability is a way to protect them from possibly being taken advantage of. In the eyes of the law, when Dominic turned 18, he is responsible for making his own decisions. Unfortunately, there are people out there that are appointed a Guardian or Co-Guardian of an adult with Developmental Disabilities that don't have the persons best interests in mind. I have thought from time-to-time about going to law school and becoming a lawyer for those with disabilities based on all the different experiences I have had. Who knows? Maybe one day I may just do that!!! 

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