Guardianship for Daughter

EDIT: You also need the Department of Developmental Services, not just Dept of Social Services. You can apply over the phone or request an application. You would have to apply on her behalf, and a caseworker would be assigned. It shouldn't be an issue for you to provide proof of her disability occurring before 18 years old and having it for longer than (I think) three years. If you have issues getting in touch with them or call backs, the CIL can help with that because they may have internal contacts to help get an application to you even though they won't be able to help make the process go more quickly (they can't fast track).

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You need help from these people: CIL's. CIL/Centers for Independent Living are non-profit agencies that help people that have disabilities, including people with Intellectual Disabilties, not just physical ones or mental health ones. They should be able to help you access and advocate for benefits, help you with the Americans With Disabilities Act, guiding you towards resources such as your state's Legal Aid. The Center that services your area should have an Executive Director that can help direct you towards the best people to look for in Legal Aid.

http://www.vasilc.org/ <---- CIL

http://www.vlas.org/ <---- Legal Aid

This is beyond my expertise but I think it is criminal that you would have to pay $2000 to become legal guardian.

I hope someone can help you and your daughter.

My step daughter is MOMR and will be 18 in march. My husband just filed for guardianship and it cost $700. If you can't pay it all at once, there are payment options. There is also another stipulation of if you can't afford it, it's paid by the tax payers, but I don't remember details since that didn't apply to us.

I'm not clear on why you don't know what her options are when she's 18. Isn't her benefits paid for by the state since she's permanently disabled? There should be resources at her school and state services to help you. There should be non-profit organizations in your area to help you also. The first place I would start is your county courthouse, which will have all the info on the forms and filing fees. Good luck.

If you are really in VA, there are dozens of law schools within a few hours. I would suggest calling around to their pro bono clinics. They would be supervised by licensed attorneys, and standard filings are the type of things that law students can do really well. You can also try your local Community Legal Services or Volunteer Lawyers Project. Again, basic filings are good pro bono things for lawyers because they don't usually involve getting wrapped up in a huge process. You might want to look at the filings, get them all done to the best of your ability, then work on getting a lawyer to review. There may be programs out there that will give you limited access to a lawyer for something like reviewing a document. Here in AZ, there is a program where you can get a 30 minute consult for $35. Some small firms have sliding scale fees, some larger firms have pro bono or reduced cost services. You can also try contacting your local courthouse, the clerks there may have some services they can refer. Be super nice to the clerks, they really do know all and often do not get the respect they deserve, particularly from the public.

Fees are for an attorney's time, filing fees, expertise (attorneys pay hundreds of thousands of dollars to gain knowledge...clients may pay a few hundred dollars to benefit from that knowledge), and also for assuming the liability for the advice and assistance they give. Try not to think too badly of the profession for the standard fees.

I don't know how it works in your state, but I was able to apply for $35. The clerk helped me fill out the paper work. It was very simple.

I would ask at the courts' clerk's office. You could also call the bar association.

The department of human services and the department of rehabilitation services are two places in Illinois that provide a lot of services such as personal assistant funding, respite care funding, habilitation services, and therapy. Medicaid waivers provide the resources here.

Seems you can file the paperwork yourself. Try this website:
http://www.ehow.com/how_10038856_obtain-guardianship-virg...

I have 13 years in the field and very few of the individuals I worked with had guardians. Most had guardianship of themselves. There was actually only 2 out of all those I worked with.

For the most part they received their checks and the staff at the group homes or the family they lived with paid their bills then deposited the rest. There are laws about how much money they can have on hand so they often got to go buy new clothes or something they really wanted. Such as a VCR/DVD player and some new movies.

One of the people who turned 18 and had a guardian had a mom who was nuts. She lived with her half brother and his wife. They filed the guardianship so the mom could not come in and say the girl wanted to live with her mom. This is the mom who would duct tape this girl to the bed when she was 12, 13, 14, etc...and sell her to anyone who would give her money for alcohol and drugs. In this case she needed the protection of her brother and sister in law.

The other girl came from an institution setting. She had a mom but the mom had recently passed away. Her aunt took over her guardianship. This woman was smart, worked a regular job, had managed her own money with assistance from staff, and had lived in a supported living style of home.

She had a long time boyfriend that she was sexually active with and had been on birth control for years. She was fully able to make her own decisions.

The aunt came in and said NO SEX! No birth control! No nothing and she took over the money. Within a few months the girl was pregnant and the money for bills this girl needed was gone. Since the guardian had said no sex we had to stop them from dating or even seeing each other at work. It was horrible. Of course they'd find a way to see each other, they had a lovely little girl who had NO disabilities. The aunt tried to sue the facility but it backfired on her. She was told this lady was obviously better able to take care of herself than the aunt was.

The aunt was a religious zealot. Seriously, if she had just had strong convictions about sex outside of marriage or something I could have understood it. But she would stand and preach to us and this girl for half an hour if not longer about how sex was a sin...God made it, not a sin.

This lady finally got to be her own guardian after she had the baby. Staff testified in her behalf and stated her cognitive age, social age, spatial abilities, and more. The judge visited with her and allowed her to take control of her own business.

So, depending on why you want guardianship of this person and can't allow her to have her own guardianship whether she's living with you or in a group home/shared living/supported living situation I don't know why it would cost that much. It's basically her going to the court house and signing a paper stating she willingly gives you guardianship of herself. All it should cost if the filing fee.

Worked at VT and have been in Union Hall. Beautiful area of the country. You may be correct - not sure there is an easier way to do this in Virginia. Here is some additional information:

http://www.valegalaid.org/resource/adult-guardianship-and...

How to qualify for Virginia Legal Aid: http://www.valegalaid.org/site-help

http://www.vaela.org/for-the-general-public/73-guardiansh...

I would consider calling a law school or two and asking if they provide any programs that might assist. Also ask in your public school system.

Good luck!