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Local attorney outlines guardianship, powers of attorney and alternatives for parents as children turn 18
Summary
At a Solon parent seminar, Allison of Reminger explained steps parents can take when a child turns 18: execute health-care and financial powers of attorney with HIPAA releases, consider STABLE accounts to protect SSI eligibility, and, if necessary, pursue guardianship through Cuyahoga County probate court.
Allison, chair of Reminger's elder law and special needs planning practice group, told a Solon audience that parents should prepare powers of attorney, HIPAA releases and other less-restrictive tools before considering guardianship when their children turn 18. The seminar was led by Shana Arnold, the new parent mentor in Solon.
"All the things we're gonna talk about happen on the eighteenth birthday or after. Nothing can be done before our kids reach the age of 18," Allison said, explaining that legal capacity and timing determine whether a power of attorney or a court-ordered guardianship is appropriate. She framed guardianship as the most restrictive option, used only when a probate court determines an adult lacks the capacity to make decisions.
Allison distinguished two common alternatives: health care and financial powers of attorney. A health care power of attorney, she said, is often "springing"—the adult makes medical decisions unless a doctor determines incapacity—while also being durable for long-term…
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