Age of Majority: TURNING 18

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Anonymous:  My son is turning 18, I have applied for conservatorship, there will be an overlap period.
I have an unsigned IEP, I believe that school personnel will prey on my son to sign. I was told that once he is 18, “things can get messy”

  1. As the only surviving uncle to my adult nephew still attending high school at 19 years of age, he is engaging in refusing to comply with teacher instructions. He has taken on his “adult” responsibilities with the school. Interventions have been exhausted to no avail. Nephew has pattern of defiance, non- compliant, sleeps in class, refuses to do any academic work, attends own IEP meeting. School personnel at wits end trying to help him who doesn’t the help, and refuses to sign refusal of services document. What can the school do? I am not allowed to interfere on his behalf. My nephew also refuses my help.
    Any case law that speaks to this issue?

  2. Something to consider– Your son can include you in IEP meetings as someone who has special knowledge of him even if you don’t have guardianship or a power of attorney. Is he willingly agreeing to the conservatorship or is he at a functional level in which he can’t consent and you have to convince a judge? Would your son sign something (IEP) without verifying with you it’s something in his best interest?

    • Nephew’s disability is SLD. No issues of ED., Will not consent to my interventions. School doesn’t recognize me as IEP participant because nephew has reached age of majority. Refuses any assistance from legal, etc.

  3. You can look into him signing a power of attorney giving you authority to make educational decisions for him.

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