Legal Question in Family Law in Ohio

Child with an I.E.P. is turning 18

I am the legal guardian of a teen-ager who is special needs (she has the ability to do well in school, but she hasn't been trying. She has always been emotionally behind.) She is going to a tech school in the morning and high school in the afternoon. She has been one year behind since kindergarten. Her teacher in the Allied health tech program says that she is not turning in her homework. She was spending too much time with her on again off again boyfriend. We have applied for S.S.I. for her. I want to make sure she is all right if I should die (CHF since 1999, and I am 54). She says when I am 18, I'm going to be gone a lot of the time, because we are grounding her until I hear that she is doing better. All medical and Psychiatric professionals say that she shouldn't even drive. What happens when she turns 18 on 5/17/09? I fear for her safety. Am I still responsible for her welfare after she turns 18? Her boyfriend won't be 18 until October and has failed 9th grade 3 times. I am on S.S.D.I for heart trouble and I support her.


Asked on 4/02/09, 7:11 am

2 Answers from Attorneys
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Child with an I.E.P. is turning 18

This is a very tough position to be in. If you are her guardian because she is a minor, then you should be able to terminate the guardianship when she become emanicipated at age 18. If you have assets for her to inherit, you may consider setting up a special needs trust.

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Answered on 4/02/09, 9:00 am
Edward DiCato Edward DiCato Attorney at Law

Re: Child with an I.E.P. is turning 18

You need an adult gaurdianship through the probate Court. This will extend beyond 18 years. It must be supported by a medical (psychological) evaluation.

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Answered on 4/02/09, 12:32 pm


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