For parents of children with disabilities, legal guardianship for their child is often an important consideration. Guardianship allows a parent or another trusted adult to continue making important decisions on behalf of their child after the child becomes a legal adult. This authority may cover health care, finances, educational decisions, living arrangements, and other personal matters. Guardianship is an important step in protecting a disabled child’s future as they enter adulthood, and with proper preparation, parents can navigate the process with confidence.

A common question from parents is: “Why can’t I get guardianship before my child turns 18?”

In Montana, a child is considered a minor until age 18, and parents have full legal authority to make decisions for their minor children – the court doesn’t need to grant someone that authority. However, that parental authority ends when their child reaches adulthood at age 18, regardless of disability.  And the law presumes that every adult has the right to make their own choices unless a court determines otherwise.

Thus, guardianship proceedings can only be filed once a child is legally an adult – i.e., when a parent’s legal authority ends. Parents often worry there will be a “gap” in decision-making authority when their child turns 18. The good news is that with careful planning before their child’s 18th birthday, families can minimize any disruption. 

It’s also important to know that guardianship is not one-size-fits-all. Courts may grant full guardianship or limited guardianship tailored to the individual’s needs, allowing the person to keep as much independence as possible.  Powers of attorney or supported decision-making agreements may also be appropriate alternatives to guardianship in certain cases.

In summary,

Start early – Begin discussions with an attorney at least 6–12 months before your child’s 18th birthday.  

Gather documentation – Collect medical, educational, and financial records that demonstrate your child’s needs and decision-making abilities.

Consider the type of support – Decide whether full guardianship, limited guardianship, or another alternative is most appropriate.

File paperwork promptly – Guardianship petitions can usually be prepared before the 18th birthday, but filed once your child is legally an adult.

Think long-term – Consider who might serve as a successor guardian if you’re unable to act in the future.

Keep communication open – Involve your child in the process whenever possible, so they understand what guardianship means and how it will support them.

While you cannot obtain guardianship before your child turns 18, early conversations with an attorney can help you understand your options and ensure a smooth transition when the time comes.