From Minor to Adult – The Impact of Court Orders on Children with Special Needs

What happens when a disabled child reaches the age of 18? Minn. Stat. §645.451 defines "adult" as "an individual 18 years of age or older" with no reference to the individual’s capacity. Minn. Stat. §518A.26, Subd. 5 defines a "child" as "an individual under 18 years of age, an individual under age 20 who is still attending secondary school, or an individual who, by reason of physical or mental condition, is incapable of self-support." Minn. Stat. Chapter 518, which sets out the considerations for custody and parenting time, does not define "child" or "minor child."

What happens, then, when a disabled child nearing or beyond the age of 18 needs a guardian appointed as an alternate decision maker? Does the fact that child support can be required beyond the age of 18 give any authority to the obligor over the living arrangements, care and services to be provided to the disabled adult child? The presenters will discuss the issues raised by the statutory gaps outlined above as well as discuss two Minnesota Court of Appeals decisions involving these issues.
  

This CLE is approved for credit through March 8, 2020.

Panelists:
Patricia Buss | Attorney, Mediator, ENE Provider and Parenting Consultant
Patricia Buss is an attorney with Buss Law & Mediation, LLC in Burnsville where she practices family law, guardianship, and conservatorship cases. She is also a Qualified Family Neutral under Rule 114 and provides mediation, SENE, FENE and parenting consulting services.

Deborah Dewalt | Attorney, Mediator, ENE Provider, and Parenting Consultant
Deborah Dewalt is an attorney with Dewalt Law Office in Burnsville where she practices family law. She is also a Qualified Family Neutral under Rule 114 and provides mediation, SENE, FENE and moderated settlement conferences.


CLE Credits:
1.0 Standard CLE Credits approved | Event Code: 254125

Cost:
MSBA Members:  $29.95
Non-MSBA Members:  $64.95

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