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  1. #1
    Join Date
    Oct 2011
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    Default How Soon Before My Son Turns 18 Do I Have to File for Guardianship

    My question involves guardianship in the State of: Tennessee

    I have a totally dependent son with cerebral palsy, bottle fed, immobile, diapers etc.. The school tells me I need to file for guardianship of him before he turns 18 in order to still have say in his IEP meetings and what goes on with him. Someone else told me that the courts won't even see the case until he hits 18.

    Please help.

  2. #2
    Join Date
    Sep 2005
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    Default Re: How Soon Before My Son Turns 18 Do I Have to File for Guardianship

    From what I have seen you would want to petition to become his guardian before he turns 18, as it is cheaper and easier to get a guardianship while he's still a minor. It appears that a guardianship of a minor based upon legal incapacity will automatically continue as a conservatorship (management of finances) into adulthood, but that you would need to bring a motion to continue as full guardians.

    Unfortunately I do not see a good resource with either forms or instructions, available online. I expect that there's a practitioner's guide to probate or guardianship law available for your state, probably at a law school library and possibly at the county law library, and that would likely contain both instructions and forms (albeit written for lawyers so perhaps a bit tricky to follow). There may be forms or instructions available at the probate court, although the court clerks cannot give legal advice so there's only so much they can do to help.

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