At age 17, a student with a disability will receive a Notice of Transfer of Rights. The purpose of this notice is to inform students and their families of the transfer of legal and educational rights will transfer to the adult student on their 18th birthday.
Guardianship
Guardianship is a legal relationship where an individual (the guardian) is appointed by a court to make decisions and manage the personal and financial affairs of an incapacitated person (the ward). The guardian is typically responsible for ensuring the well-being and best interest of the person, but it does remove the individual's legal rights. In Texas, guardianship includes:
- Hiring a lawyer
- Filing an application with a court
- Attending a hearing
- Having a judge decide if a guardianship is necessary
- dTexas Guide to Guardianship
Guardianship Alternatives
Alternatives to guardianship allow the adult with a disability maintain their legal rights while allowing parents to support in decision making.
Alternatives to guardianship include:
- A supported decision-making agreement to help your child make decisions together with someone they trust about areas of life such as education, health care, living arrangements, support services, finances and more.
- Powers of attorney for legal, educational, medical and other decisions. Your child can only use these if they understand what it means to sign them.