For parents of a child with an intellectual or developmental disability, the 18th birthday can bring an unexpected problem. The day your child turns 18, they become a legal adult. Doctors may stop sharing information with you. Schools may need your child's own consent for decisions in their education plan. Banks and agencies will deal with your child, not you. Planning ahead lets you protect your son or daughter without taking away more independence than necessary.
What changes at 18
Under Texas law, an adult is presumed able to make their own decisions. As a parent, you no longer have automatic authority to:
- Consent to medical treatment or see medical records
- Make educational decisions, unless your child signs documents or the law provides otherwise
- Manage your child's money, benefits or contracts
- Decide where your child lives
For many young adults, that's exactly right. For others, a disability means they truly can't understand or communicate decisions in some or all of these areas. The question is how much help they need, and what is the least restrictive way to provide it.
Start planning at 17
Texas allows a parent or other person to file a guardianship application for a minor after the child turns 17, so the guardianship can take effect when the child turns 18. Starting early avoids a gap where no one has legal authority to act. It also gives you time to:
- Talk with your child's doctors and school team about their decision-making abilities
- Get the needed medical evidence
- Consider alternatives that might work instead of, or alongside, a guardianship
- Plan for benefits such as SSI and Medicaid waiver programs
Consider alternatives first
The court must find that alternatives to guardianship and supports and services were considered and aren't feasible. Depending on your child's abilities, options may include:
- Supported decision-making agreement (SDMA). Under Texas Estates Code Chapter 1357, an adult with a disability can choose a supporter to help them understand information and communicate decisions, while the adult keeps the right to decide. See supported decision-making agreements in Texas.
- Powers of attorney. If your child understands what it means to name an agent, they may be able to sign a medical power of attorney and a durable power of attorney.
- Representative payee. Social Security can appoint a payee to manage SSI or other benefits.
- HIPAA releases and education consent forms so you can stay involved.
Some families use a combination: an SDMA for daily life plus a limited guardianship for one area, such as major medical decisions. Our guide to alternatives to guardianship covers these in more detail.
Limited guardianship is often the right fit
Texas law prefers a limited guardianship whenever it meets the person's needs. In a limited guardianship, the court gives the guardian only specific powers, and your child keeps all other rights. For example, the order might let the guardian:
- Consent to medical, dental and psychological treatment
- Apply for and manage government benefits
- Make decisions about residence
while your child keeps the right to choose their friends, decide about their own social activities, have a job, or, depending on the court's findings, vote or drive. The physician's certificate and other evidence help the court decide which rights your child can keep.
Medical evidence: physician's certificate or intellectual disability determination
Most guardianships require a Certificate of Medical Examination from a physician who examined the proposed ward within 120 days before the application is filed. When the guardianship is based on an intellectual disability, Texas allows the court to use a determination of intellectual disability (often called a DID) made under Texas rules, as long as it is recent enough or has been updated. Many families already have a DID from their local intellectual and developmental disability authority, and school evaluations may also help. Ask early which evidence the court will need for your child.
SSI and the representative payee
Many young adults with disabilities apply for Supplemental Security Income (SSI) at 18, when the Social Security Administration stops counting parents' income. A guardianship does not automatically make you your child's payee. Social Security has its own process to appoint a representative payee, and a payee can manage benefits even without a guardianship. If benefits are your child's only income, a payee may be enough on the money side, and a guardianship of the estate may not be needed.
Support may continue too. If you are divorced or separated, a Texas court can order child support to continue past 18 for an adult child whose disability existed before 18. See child support for adult disabled children.
What the court process looks like
- File the application after your child turns 17 (or anytime after 18).
- The court appoints an attorney ad litem to meet your child and represent their wishes.
- Your child is personally served, and relatives receive notice.
- You complete any required background check and training.
- The hearing takes place; your child generally attends unless excused.
- You qualify as guardian, and if the case was filed before 18, your authority begins on the 18th birthday.
For a full walkthrough, see how guardianship works in Texas.
Plan for the future, too
Parents won't always be able to serve. Your will can name a successor guardian, and a designation of guardian lets you state your wishes. A properly drafted special needs trust can also protect an inheritance without disqualifying your child from needs-based benefits.
If your family lives in Seguin or elsewhere in Guadalupe County, Attorney Jesus R. Lopez can help you choose the right level of support. Learn more on our guardianship lawyer page.
Frequently asked questions
Do I have to get guardianship when my child turns 18?
No. Guardianship isn't automatic or required. Many young adults with disabilities do well with supported decision-making agreements, powers of attorney and a representative payee. Guardianship is for situations where those options aren't enough.
Can both parents be guardians?
In many cases, yes. Texas law allows a court to appoint both parents of an adult ward as joint guardians. The court still decides whether a joint appointment is in your child's best interest.
Will my child lose the right to vote?
Not necessarily. In a guardianship, the court decides whether the ward keeps the right to vote. In a limited guardianship, many rights are kept unless the court specifically removes them.
Can a guardianship be changed if my child gains skills?
Yes. A ward or interested person can ask the court to modify the guardianship or restore some or all rights when the person's abilities improve.
Have questions about your situation? Talk with a Seguin guardianship lawyer. Consultations are free, by phone or in person, in English or Spanish.
Related guides
This article is general information about Texas law, not legal advice for your situation. Laws change, and every case is different.