Does My Child Need a Guardian?

When a child with a disability turns eighteen years old their parents may come into problems when continuing to assist with their life. A parent has legal responsibilities and powers over their child while they are a minor but those powers end when the child turns eighteen. When children reach the age of majority, they are entitled to make decisions without their parents. This can lead to problems when a child with disabilities becomes an adult and tries to enroll in education programs, living arrangements, and general day-to-day activities.

The dilemma facing many parents is their desire to continue to support their child while wanting them to develop independence. In Alberta, a parent can make a court application to become either the Guardian or a Supported Decision Maker of their child. Both of these applications can be made without the support of a lawyer but our firm is here to assist our clients if needed. 

A Guardianship order will allow a parent to have complete control over their child’s personal and healthcare related decisions. This can include where the child lives, who they associate with, education and working arrangements. Many of our clients who have children with high level needs will apply for Guardianship to help transition them into adulthood.

A Supported Decision Making order will allow a parent whose child has mild disabilities to participate when the child visits a doctor, deals with their employer, and can communicate the child’s needs to these groups. This type of court order can allow the child to have more independence while maintaining the guidance of their parents. 

When acquiring a Guardianship order or Supported Decision Making order the parent can apply for a desk application or a court hearing. A court hearing requires there to be an urgent issue this process normally takes around 1-3 months to complete. A desk application can take 6-9 months to complete as the application goes through a screening process at the Public Guardian and Trustees office which increases the overall processing time. If your child is turning 18 within the next twelve months it is recommended to start the process through a desk application to ensure you have your court order when they turn eighteen. A desk application is also cheaper than a hearing, when you are hiring a lawyer, so applying in advance can save on legal costs.

Please contact Jessica Kind, our lawyer handling our Guardianship and Trusteeship matters, for more information and a fee quote for these services.