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Guardianship Is Not the Only Option: How Supportive Decision Making Empowers Your Special Needs Child

When your child with special needs approaches adulthood, you may face challenging decisions about how to support them while honoring their independence. Many parents are told that guardianship is the only solution once their child turns eighteen. That is not always the case.


At Entrusted Legacy Law, we believe in supportive decision making. This is a flexible and empowering approach that allows your child to stay in control while you provide guidance and support behind the scenes. 


What Is Supportive Decision Making?

Supportive decision making is a legal strategy where an adult with a disability retains the right to make their own decisions, with the assistance of trusted supporters. These supporters can be parents, siblings, friends, or professionals.

The focus is on helping the individual understand their options, weigh pros and cons, and communicate their choices. It respects the person's dignity while offering them the support they may need to thrive. 


Why Guardianship May Not Be the Best Fit

Guardianship gives one person the legal authority to make all decisions for another individual. While this may be appropriate in some situations, it can also take away the rights and independence of the person with special needs.


In many cases, a less restrictive option like supportive decision making can be more appropriate. It helps preserve self-esteem, autonomy, and the ability to grow and learn in adulthood. 


Benefits of Empowering Your Child

Supportive decision making allows your child to build confidence as they step into adult life. It creates an environment of trust and collaboration instead of control.

Families who use this model often experience stronger relationships, better communication, and greater success in helping their loved one achieve independence. 


Legal Tools That Support This Approach

In Pennsylvania, several legal tools can be used to implement supportive decision making:


  • Power of attorney for healthcare and financial decisions

  • HIPAA authorization forms to access medical information

  • Supported decision making agreements that outline who will assist with certain choices


These documents can be customized to fit your child's abilities and needs. 


A Real Family’s Journey

Sara, a mother in Pittsburgh, was told her autistic son David would need a full guardianship at age eighteen. That idea did not sit right with her. After working with our team, Sara chose supportive decision making. Now David makes his own decisions with his mother’s help, and he is thriving with more confidence and freedom than ever. 


How Entrusted Legacy Law Can Help

Every family is unique. Our team at Entrusted Legacy Law will help you explore all your options, including supportive decision making, special needs trusts, and customized estate planning solutions.


We focus on empowering families to make informed choices and build plans that reflect their values and goals. 


Your child deserves a future built on dignity, empowerment, and love.


Let us help you create a plan that honors who they are. 


Schedule your free consultation today: https://book.entrustedlegacy.law/#/introcall




 
 
 

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