Guardianship
Last updated
Guardianship is a court process that gives another person legal authority to make some or all decisions for an adult judged unable to make them.
Topic: Transition and adult life
In plain terms
Guardianship can be full or limited to areas like medical or financial decisions. It removes rights from the adult, so courts generally expect less restrictive options to be considered first, such as supported decision-making, powers of attorney or health care proxies. The rules, terms and processes are set by state law.
How it shows up in an IEP
If a court appoints a guardian, IDEA rights do not transfer to the student at the age of majority. Schools can share information about options but do not decide on guardianship and should not give legal advice.
Example
A family asks the IEP team about guardianship. The case manager shares a list of state resources on guardianship and alternatives, and notes the family's questions in the transition plan.
The rule
Rules vary by state. Check your state's regulations and your district's procedures.
Related terms
- Supported decision-makingSupported decision-making lets an adult with a disability make their own choices with help from trusted people they choose.
- Age of majorityThe age of majority is the age, set by state law and usually 18, at which a person is legally treated as an adult who makes their own decisions.
- Transfer of rightsTransfer of rights is the shift of special education decision-making rights from parents to the student when the student reaches the state's age of majority.
- Transition servicesTransition services are coordinated activities in the IEP that help a student move from school to adult life: further education, work and independent living.
This page describes special education terms and federal rules in general terms and is not legal advice. Our editorial policy explains how IEP Atlas writes and reviews content. Browse all 244 terms.