Autism and the Authority to Make Decisions for Adults

Parents often grapple with the question of whether they have the authority to make decisions on behalf of their adult children with autism, especially when these adults may lack the capacity to handle their own affairs. This complex issue is influenced by a variety of factors, including the legal definitions of power of attorney and guardianship, the unique challenges faced by individuals with autism, and the necessity of professional evaluations.

Understanding Power of Attorney and Guardianship

The terms power of attorney and guardianship are frequently misunderstood and confused with one another. Power of attorney is a legal document that grants an individual (typically a parent) the authority to make decisions on behalf of another person (the principal) when the principal is unable to do so. This authority is typically granted by the principal themselves and can be revoked at any time.

In contrast, guardianship involves a legal process where a court appoints a guardian to make decisions on behalf of an individual who is deemed incompetent. This process is more restrictive and is typically used as a last resort. The burden of proof lies with the interested party, usually a concerned parent, to demonstrate that the individual lacks the capacity to make informed decisions about their own life.

The Unique Challenges of Autism

Autism is a neurodevelopmental condition that affects communication, social interaction, and behavior. Individuals with autism exhibit a wide range of abilities, from those who are highly independent and well-adjusted to daily life to those who require significant support and assistance. The ability of an adult with autism to live independently and make informed decisions is a heavily debated topic.

Despite the challenges, many adults with autism lead successful, fulfilling lives. For example, my daughter, who is in her mid-30s, has been making her own decisions since her late teens. She has maintained her independence and continues to lead a productive life. While she may have made a few poor choices in the past, these are not uncommon for the average young adult. Similarly, some individuals, like Sarah, a Level 3 autistic individual, have seen remarkable progress with early and intense intervention.

However, it is essential to recognize that not all adults with autism have the same level of independence. Some may have difficulties with coping skills, social interactions, or decision-making. In such cases, a power of attorney might be advisable. It is crucial to approach this situation with sensitivity and a thorough understanding of the individual's needs.

Consultation and Evaluation

When considering the implementation of a power of attorney, it is imperative to consult with both the adult with autism and their healthcare providers. A multidisciplinary team, including medical professionals, therapists, and social workers, can provide valuable insights into the individual's capabilities and needs.

Parents who are unsure about the situation should seek legal advice. An attorney can guide the process, ensuring that all legal requirements are met and that the individual's best interests are prioritized. The attorney can also help navigate the complex legal landscape and highlight any alternative solutions that may be available.

Ultimately, the decision to grant power of attorney should be based on clear evidence that the individual lacks the capacity to make significant decisions. Coddling individuals with autism until they can't cope can result in legal complications and unnecessary stress. It is crucial to approach these decisions with empathy and a comprehensive understanding of the individual's unique circumstances.

Conclusion

Parents of adults with autism are often faced with the challenging task of determining whether they have the authority to make decisions on their behalf. Understanding the difference between power of attorney and guardianship is crucial. While guardianship is often granted by a court, power of attorney can be granted by the individual themselves. The decision should be made after careful consideration of the individual's needs and capabilities, with input from healthcare and legal professionals.