Closing the Gap Before Adulthood
When a child with significant disabilities approaches their 18th birthday, a legal transition happens. Parental authority over medical and personal decisions ends. Without a plan in place, the family may face a sudden scramble to establish legal authority at the very moment their child needs it most.
A party that is interested in the welfare of a minor who is at least seventeen years six months of age and who is alleged to be incapacitated may initiate guardianship proceedings pursuant to this article and request that any guardianship order take effect immediately on the minor's eighteenth birthday.
A.R.S. § 14-5301.03(A)This statute provides a practical solution. It allows families to start the guardianship process six months before the minor turns 18. The court can evaluate the situation, appoint a guardian, and have everything in place so the transition is seamless.
Streamlined Medical Evaluations
The statute also allows the petitioner to submit a medical evaluation completed within six months of filing the petition. If the court finds the evaluation meets the required standards, it may accept that report instead of ordering a separate examination. This avoids redundant evaluations for families who already have recent documentation from a physician, psychologist, or registered nurse.
For families navigating this transition, starting the process early is key. Partner attorneys can help prepare the petition and gather the necessary documentation well before the 18th birthday arrives.
