The Center on Secondary Education for Students with Autism Spectrum Disorders (CSESA) has created several resources to support individuals on the autism spectrum, their families, educators, and other community members working with high school students on the autism spectrum. Use and share widely!
The Alternate Diploma is a graduation pathway for students who participate in the Oklahoma Alternate Assessment Program (OAAP) and are taught to alternate achievement standards. More information from the Oklahoma State Department of Education can be found here.
www.sde.ok.gov/alternate-diploma
New alternate diploma information for families (October 2023).
Resources for guardianship considerations
People with autism can have different abilities when it comes to making decisions. When someone turns 18 in Oklahoma, they are legally considered an adult. This means they have the right to make their own choices about things like medical care, finances, and education unless legal steps are taken to change this.
Some individuals with autism can make their own healthcare decisions, while others may need or want help. When healthcare decisions are too complex or overwhelming, it might be necessary to appoint a guardian.
Appointing a guardian is a significant decision because it takes away some of a person’s independence. It should be considered very carefully. The goal should be to interfere as little as possible with the person's independence while ensuring their health, safety, and protection from exploitation. Guardians should try to help the autistic person understand and be involved in all decisions. If someone needs assistance, there are different legal approaches to be considered.
Legal Guardianship: The Pros and Cons for Your Adult Disabled Child
Guardianship Alternatives
Supported Decision-Making (SDM) lets people with disabilities make choices about their own lives with help from a team they select. Individuals with disabilities choose trusted people to be part of their support network for making decisions. SDM is a different option from guardianship. Instead of having a guardian make decisions for them, SDM allows individuals with disabilities to make their own choices with support. You can learn more about SDM on the Center for Public Representation or the National Center for Supported Decision-Making website.
Types of Guardianship
- Financial power of attorney: Without relinquishing control over personal finances, an individual grants an agent decision-making authority for the purpose of assisting in financial management. No court action is required.
- Educational power of attorney: Authorizes another party to have access to the individual’s educational records and to make decisions concerning Individualized Education Plans (IEPs) and postsecondary education. No court action is needed.
- Full guardianship: Guardianship requires a court evaluation and transfers full responsibility for medical, financial, residential, and many personal care decisions to another party. In some states, financial authority must be invested in a conservator, who may be the same individual as the guardian.
- Limited guardianship: Restricts the guardian’s responsibilities. The guardian might, for instance, be charged with making choices that relate to health care and housing, with the ward retaining all other decision-making capabilities. This requires a court appointment.
- Health care proxy: Names an agent empowered to make medical decisions on the individual’s behalf. No court intervention is required, and the agreement can be dissolved at any time.
Purpose of Adult Guardianship
An adult who is incapacitated or partially incapacitated may need help taking care of their physical health and financial resources. Family members or caregivers for autistic individuals may seek to become guardians so that they can do things like make appointments, access medical records and make important decisions in an emergency. The family with an autistic person may consider a form of legal guardianship if there’s difficulty with at least one area of life:
- Health care: The person cannot understand, communicate, and decide about their own health care.
- Food and shelter: The person cannot manage money, provide their own food, or a place to live.
- Potential for exploitation, serious injury, or illness: The person cannot consistently make decisions that help them stay safe.
Procedure to Obtain Adult Guardianship
To obtain adult guardianship, a person must submit a petition specifying:
- The names and addresses of persons entitled to notice.
- The nature and degree of the alleged incapacity.
- The relief requested and the facts supporting that relief.
- The estimated value of the intangible personal property of the ward.
- It may also be necessary to submit copies of professional evaluations of the individual in question as well as guardianship plans.
The court will generally make an investigation of the background of the prospective guardian, including previous criminal and civil matters.
Rights of Incapacitated Adults
An individual alleged to be incapacitated has the right to:
- Receive notice of the hearing
- Be present at the hearing
- Have witnesses present
- Present evidence
- Cross-examine witnesses
Guardianship Materials Prepared by the Oklahoma Bar Association
Resources for Guardians of Adults
Resources for Guardians of Children
*This information is not to replace the advice and counsel of an attorney.
Legal Aid Services of Oklahoma, Inc (LASO) is a non-profit, 501(c)(3) organization that provides civil legal assistance to low-income persons throughout Oklahoma.
Oklahoma Free Legal Answers is a virtual legal advice clinic in which qualifying users may post civil legal questions at no cost to be answered by pro bono attorneys licensed in their state.
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