Legal Rights of an 18-Year-Old Under Guardianship
When a child turns 18 while under a guardianship, one major question arises: does the guardian lose the authority to control the child's interactions with their biological parents? This article explores the complexities and considerations involved in guardianships and the legal rights of a child upon reaching 18 years of age.
Types of Guardianship
The answer to this question highly depends on the specific type of guardianship and the jurisdiction's laws. There are several types of guardianship, including:
Adoptive Parent Guardianship: In most cases, 18 is considered full legal adulthood and adoptive parents would have no further control once the child reaches the age of 18. Legal Guardian Due to Custody: The same applies here. Once the child turns 18, the guardian's rights and responsibilities typically end, as the child is now considered a legal adult. Disabled Guardianship or Incompetency Guardianship: These types of guardianship remain in place until formally dissolved or terminated by the court. For these cases, a detailed court order must outline the conditions and timelines for the guardianship to continue.Legal Rights of an 18-Year-Old
Upon reaching 18, an individual in many areas and under many different laws is considered a legal adult, mature enough to make their own decisions and maintain their own relationships, including the right to communicate with and spend time with their biological parents outside of any guardian's supervision. Some legal systems even recognize these rights at a younger age, such as 12 years old, with specific court-ordered guardianship or custodial arrangements.
Guardianship Summary
In most jurisdictions, a guardianship of a person is a court-approved or court-appointed temporary or time-delimited legal relationship between a guardian and the ward, regardless of whether the ward is a minor or an adult. By default, guardianship of a ward typically ceases when the ward reaches the legal adult age, which varies by country but is generally between 18 and 21 years old.
Extending a Guardianship
Guardianships are not automatically permanent and may be extended beyond the legal adult age under specific legal circumstances:
Medical Incapacity: If the ward is found to be medically incapacitated, further court orders are required to extend guardianship. Developmental Disability: Regular court reviews and applications are necessary to sustain a guardianship for individuals with developmental disabilities. Advanced Old Age or Palliative Care: Requirements for extended guardianship in these cases vary by jurisdiction but generally involve similar court processes.Examples of Guardianship
Classic examples of guardianships for children include:
Both parents being in the military and deployed. Both parents being incarcerated. Both parents having died (orphaning the child). Both parents being unable to provide normal parental responsibilities due to substance abuse.Conclusion
Understanding guardianship and the legal rights of a 18-year-old under such arrangements can be complex and varies significantly by jurisdiction. It's crucial for guardians and wards to be informed about applicable local laws and court procedures to ensure proper management and resolution of guardianship matters.