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Legal Issues
When teenagers become adults after brain injury
By Kenneth Kolpan, Carolyn Rocchio & Marilyn Lash ~ 1999
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...
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How sound is his judgment?
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Does she understand the consequences of actions and decisions?
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Can he handle his finances?
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Will she be able to live independently?
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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.
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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