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ability to make decisions in <strong>the</strong> medical area
and investment area and just his general
care. We felt much more qualified to make
<strong>the</strong>se decisions than to have <strong>the</strong> court make
<strong>the</strong>m. While Karen (mo<strong>the</strong>r) and I are both
alive, we don’t see any problems because
<strong>the</strong> estate is very simple. In <strong>the</strong> future, <strong>the</strong>re
may be some problems and I’m not sure
how guardianship might fit in. When we did
this we had as many questions not to do it as
we did to do it. Since we have done it, we
think it’s great because we haven’t had any
problems. However, like I said before, we
haven’t been challenged.
Jack’s mo<strong>the</strong>r indicated that <strong>the</strong> only down
side to being a guardian was that once a year
<strong>the</strong>y had to submit a form with <strong>the</strong> court, a
responsibility <strong>the</strong>y did not know about before
<strong>the</strong>y filed <strong>the</strong> petition. Both of Jack’s parents
indicated that <strong>the</strong> report had to be done in a
timely manner and that from <strong>the</strong>ir view point
it was an extremely confusing form. For <strong>the</strong>
first two years, <strong>the</strong>y had <strong>the</strong> report sent back to
<strong>the</strong>m three times, as it was not acceptable by
<strong>the</strong> court.
They just needed to know what you’ve spent
on him in <strong>the</strong> last year, and let <strong>the</strong>m know
if he’s comfortable. That part is extremely
easy. Where we’ve had trouble is trying to
reconcile accounts from one year to <strong>the</strong>
next, and carrying things forward with <strong>the</strong>
trust we have set up.
Jack’s parents indicated that <strong>the</strong>y “felt bad
that <strong>the</strong> court had to come back” to <strong>the</strong>m to
find out or have to ask for more information
as to <strong>the</strong> balance from one year to <strong>the</strong> next.
“We feel somewhat knowledgeable in this area
seeing that we’ve been in business for a good
part of our lives, involved with finance. We got
thinking, if we’ve gotten in trouble with this,
imagine <strong>the</strong> o<strong>the</strong>r people.”
Jack’s parents believe that “<strong>the</strong> Judge’s
court has been simply outstanding.” This is
<strong>the</strong>ir experience:
Author. You found an attorney that you felt
comfortable to go through <strong>the</strong> process
with?
Mo<strong>the</strong>r. Yes, we have our own attorney.
Author. Can you tell me what happened
in <strong>the</strong> court?
288 / Education and Training in Developmental Disabilities-September 2008
Fa<strong>the</strong>r. Well it was fantastic. The judge
got Jack up on <strong>the</strong> judge’s bench and let
him take <strong>the</strong> gavel. It was very personal. We
know <strong>the</strong> Judge very well.
Mo<strong>the</strong>r. Jack sat with his attorney.
Author. Separate from yours?
Fa<strong>the</strong>r. Yes. So we had our attorney and
<strong>the</strong>n ano<strong>the</strong>r for Jack to make sure that he
was defended. I think that was a good thing.
We wanted to make sure that he was represented
by someone o<strong>the</strong>r than his guardian.
I think it is required by <strong>the</strong> court. The attorney
tried to help explain what he was
getting into. If he was comfortable with us
as guardians. Very deep questions.
Mo<strong>the</strong>r. Simple though. Jack would answer
“yes” or “no.” It was a great experience
for him . . . different though . . . in <strong>the</strong> attorney’s
office, and in <strong>the</strong> court room.
Author: Did Jack testify in court?
Mo<strong>the</strong>r. Not really. He just had to say “yes
or no.” The questions were very simple. The
judge has a very soft spot for children and
would probably treat any child very special.
Jack’s fa<strong>the</strong>r encouraged him to participate in
conversations. “Tell about when we went to
<strong>the</strong> Judge’s court. What happened <strong>the</strong>re? Remember
when we went to <strong>the</strong> court room?”
Jack said “Oh yeah, I met with my judge, and
he said what do you want me to do for you?
And I said I want my Dad, and he said, court
is adjourned and stuff like that.” To remember
<strong>the</strong> details of what occurred three years
ago was a challenge for Jack, but he did recall
<strong>the</strong> main events. These parents and <strong>the</strong>ir 21
year old adult son viewed <strong>the</strong>ir experience
with <strong>the</strong> court as “positive.”
Jack’s parents were asked whe<strong>the</strong>r <strong>the</strong>y had
thought about a backup guardian, because a
court determined need for a guardian stands
over <strong>the</strong> ward, regardless if <strong>the</strong> guardian dies
or decides to be relieved of guardianship duties
and responsibilities. Jack’s mo<strong>the</strong>r shared
“He’s (<strong>the</strong> fa<strong>the</strong>r) <strong>the</strong> guardian and I’m <strong>the</strong>
backup. You really have to think long term.”
The fa<strong>the</strong>r added “What we’ve done is set that
up with <strong>the</strong> trust. We have looked through
that process so that 15-20 years from now, Jack
would be taken care of . . . that’s why we had
an attorney for him to make sure everything
was set up. Regardless of what people told us
not to do, we got everything set up. That’s why