Legal Issues: When Teenagers become Adults after Brain Injury

Legal Issues: When Teenagers become Adults after Brain Injury

Kenneth Kolpan, Esq., Carolyn Rocchio and Marilyn Lash, M.S.W.
Brain injury tip card discusses when changes in judgment, memory or communication may require legal guidance or protection when a child with TBI becomes an adult.
Item: LEGAL
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Full Description

Informaiton for families and parents discusses when changes in judgment, memory or communication after an acquired brain injury may result in need for guidance or protection of young adults.

Helps parents become aware of legal changes with adulthood. Explains guardianship, other legal terms, insurance considerations and importance of estate planning.

Details
Item LEGAL
Pages 6
Year 1999

Authors

Carolyn Rocchio

As a spokesperson for families of survivors of brain injury and founder and past President of the Brain Injury Association of Florida, Carolyn Rocchio is internationally recognized for her compassion and expertise. Ms. Rocchio has written many articles for families and professionals on the consequences of brain injury and finding meaning in life after brain injury. Her list of achievements, honors and publications is lengthy. She is the voice of a mother who knows first hand about the compassion, endurance, hope and determination needed to move forward after brain injury.

Marilyn Lash, M.S.W.

She is a Founding Partner at Lash and Associates Publishing/Training, Inc. in Wake Forest , NC . Author of many publications on the psychosocial impact of brain injury, her writing and training emphasize coping strategies for families and practical interventions by professionals and educators in hospitals, rehabilitation, schools and community programs. Ms. Lash is on various national task forces on brain injury and editorial boards of rehabilitation journals. She is the Past Chair of the Brain Injury Association of North Carolina and current Chair of the North Carolina Statewide Advisory Council on Traumatic Brain Injury.

Contents

This tip card helps families and advocates...

  • become aware of legal changes
  • plan ahead for the future
  • understand guardianship and other legal terms

Changes after Brain Injury

Becoming an Adult

Seeking Advice

Guardianship

Choosing a Guardian

Financial Decisions

Insurance

The Future

Resources

Suggested Reading

Excerpts

Sample excerpt. Preview only – please do not copy.

Changes after Brain Injury

Time passes. Children grow up and parents get older. This happens in all families. For the family of an adolescent with a brain injury, adulthood brings unique challenges.

Parents face questions of...

  • How sound is his judgment?
  • Does she understand the consequences of actions and decisions?
  • Can he handle his finances?
  • Will she be able to live independently?
  • How can he communicate his needs?

  • Who will look out for her if we become ill or die?

Many parents of children and adults with disabilities struggle with these questions. But the behavioral, cognitive, physical and communicative changes that can result from a brain injury make it especially complex for parents to prepare for the future. Fortunately, the law helps protect the rights and safety of a person who has a disability. The legal system can help insure that the person with a brain injury has the opportunities and resources that will be needed as an adult.

Becoming an Adult

Parents are considered the guardians of minor children by law. A person becomes a legal adult upon turning 18. No longer can parents legally make decisions for their child after age 18.

Adulthood has legal consequences for a person with a brain injury. Once 18, the person is presumed competent. Every adult, including a person with a brain injury, is considered competent to make decisions. This assumes that the person can manage finances, make binding contracts, and make medical decisions. The person can marry, have children, decide about birth control, and choose where and how to live.

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