Virginia Special Needs Planning Lawyer: Guardianship and the Autistic Adult

As a Virginia special needs planning lawyer, I know that everyone who falls on the Autism spectrum is unique. Some will grow to be adults who can generally function in the world, make decisions on their own behalf, and effectively communicate them. Others cannot. However, all adults who reach the age of majority become independent in the eyes of the law and are presumed able to make their own decisions. Yet, some autistic adults may never be able to make some or all of the important decisions an adult has to make. Therefore, parents of autistic adults may choose to initiate guardianship over their child. Why not create a power of attorney instead? In the case of power of attorney, one adult grants power over his or her affairs to another adult. The adult granting power of attorney can revoke it when that adult is competent to do so. This person must be competent when granting the power and understand the consequences of turning over power to another adult. An individual with…

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