For families of children with developmental disabilities, autism, or other cognitive impairments, a child's 18th birthday brings more than a milestone. It brings a legal reality many parents aren't prepared for.
The moment your child turns 18, the law presumes they are a capable adult. That means you no longer have automatic authority to make decisions about their medical care, finances, or living arrangements even if you have been their caregiver and advocate their entire life.
If your adult child lacks the capacity to make those decisions safely on their own, a guardianship application may be the appropriate next step.
Ontario's Substitute Decisions Act, 1992 ("SDA") provides for two forms of guardianship:
The process requires meaningful evidence and careful preparation.
A guardian is a fiduciary. He or she is legally bound to act in your child's best interests, not simply what is most convenient. Guardians are accountable for every decision made and are subject to a formal accounting obligation. Courts take this seriously, and so do we.
The transition to adulthood is not something to navigate at the last minute. If your child is approaching adulthood or has recently turned 18, we welcome the conversation. Give us a call.
