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Resources · Transition to adulthood

Planning for Adulthood: Guardianship, Conservatorship & Supported Decision-Making

Start with the person, not a legal label. Plan for the decisions they want to make, the support they want and the rights they should retain.

Published by ABMC Editorial Team · Last updated · How we review content

Planning around age 18

Begin conversations before the transition to adulthood, with the young person involved in a way that works for them. Turning 18 can change who may consent, access records or act on someone's behalf. Check the age of majority and the rules for healthcare, education and financial decisions in your state rather than assuming every setting follows the same rule.

Georgia-specific context: age 18 is the transition to legal adulthood. Being a parent does not automatically give ongoing legal authority to make an adult child's decisions. An adult guardianship or conservatorship requires the applicable court process and findings; it is not an automatic next step after an autism diagnosis.

Ask what the person can do independently and where practical support would help. Communication differences or needing assistance should not be treated as proof that the person cannot make decisions. Preferences may be expressed through speech, writing, assistive communication or other accessible methods.

Understand the options

Consider the least restrictive support that meets the person's needs. These options are not interchangeable or suitable in every situation; some may be used together. A local legal professional can explain which are available and what rights each affects.

Guardianship: personal decisions

A court-appointed guardian may make specified personal decisions for an adult, such as decisions about health, care or safety. The court order determines the guardian's authority. In Georgia, adult guardianship concerns personal health and safety decisions.

Important limits: Guardianship can restrict a person's legal decision-making rights. It is not automatic at age 18 and is not established by an autism diagnosis alone. Ask about less restrictive supports, the exact rights affected and any review or restoration process under local law.

Conservatorship: property and financial decisions

In Georgia, a court-appointed conservator manages property and financial affairs within the authority of the court order. A person may have a guardian, a conservator, both or neither, depending on their circumstances and the legal findings.

Important limits: Terminology differs by state: some states use these words differently. Do not assume that a personal-decision appointment also gives authority over money, or that a financial appointment gives authority over healthcare.

Supported decision-making: the person decides

The person chooses trusted supporters to help understand information, consider options and communicate decisions. Supporters assist; they do not take over the person's decisions. Support can include accessible explanations, extra time, communication tools and help comparing choices.

Important limits: An agreement can describe the support the person wants, but its legal recognition and acceptance vary. Ask a qualified local adviser how it works in your state and in the settings where support is needed.

Power of attorney (POA)

A valid POA lets a person authorize someone to act for specified matters, such as financial tasks. Its scope and when it takes effect depend on the document and applicable law.

Important limits: The person must meet the applicable legal requirements to create it. A POA is not the same as guardianship and does not appoint a Social Security representative payee. Get local advice about consent, safeguards, revocation and validity.

Healthcare directives and healthcare agents

Where permitted by local law, an advance healthcare directive can record care preferences and/or name someone to make healthcare decisions in the circumstances the document specifies.

Important limits: Names, signing requirements, authority and activation rules differ by state. Use current local guidance; do not assume that a financial POA includes healthcare authority.

Social Security representative payee

SSA may appoint a representative payee to receive and manage Social Security or SSI payments for someone who cannot manage or direct the management of those benefits. The payee uses the benefits for the beneficiary's needs and follows SSA's rules.

Important limits: This authority covers SSA benefits, not all property, healthcare or personal decisions. A POA or court appointment does not by itself make someone an SSA payee; SSA makes that appointment.

Prepare for a local conversation

  1. Start with the person's goals. Ask who they trust, what they want help with and how they prefer information to be explained. Separate personal care, healthcare, money and benefit decisions.
  2. Try practical supports. Discuss accessible information, reminders, budgeting help and supported decision-making before assuming a court appointment is needed.
  3. Consult qualified local legal aid or a licensed attorney. Ask about less restrictive options, consent and signing requirements, costs, safeguards, rights affected and how an arrangement can be reviewed or ended. Eligibility and availability of legal aid vary.
  4. Contact the appropriate probate court. Confirm local jurisdiction, current forms and procedure. Court staff may explain procedures but may not give individual legal advice; use qualified counsel for advice about your circumstances.

In Georgia, use the court materials below as a starting point, then consult your own county's probate court and qualified local legal aid. Outside Georgia, use your state's current official court guidance. ABMC does not provide attorney referrals or claim that Georgia materials apply elsewhere.

Georgia court handbooks (opens in new tab)Explore I Decide GA (opens in new tab)

Georgia & official resources

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