Local father, son work to change guardianship rules, prevent care delays when turning 18

by Christian Hauser

For Ohio families raising children with special needs, turning 18 can create a sudden legal gap that delays care and leaves parents unable to make decisions for a child who cannot communicate or give consent. (Provided)

CINCINNATI (WKRC) - For Ohio families raising children with special needs, turning 18 can create a sudden legal gap that delays care and leaves parents unable to make decisions for a child who cannot communicate or give consent.

In Ohio, parents cannot begin the guardianship process until a child turns 18. For families of children with disabilities such as autism or Down syndrome, that can mean waiting months for a parent to be named guardian through probate court. If the child is nonverbal or has limited communication ability, the delay can also mean delayed health care until guardianship is established.

For Ohio families raising children with special needs, turning 18 can create a sudden legal gap that delays care and leaves parents unable to make decisions for a child who cannot communicate or give consent. (WKRC, Provided)

David Kahle and his son, Parker Kahle, traveled to the Ohio Statehouse to testify in support of a proposed bill aimed at closing that gap, known as the Parker Kahle Act.

Parker Kahle was diagnosed with autism when he was about 3 years old. He is nonverbal. When he turned 18, his father said he had to wait months while a guardianship petition went through probate court before he could be named guardian and get Parker needed dental care. Under current Ohio law, once a person turns 18, parents are no longer legal guardians.

David Kahle said he contacted state Rep. Jean Schmidt about changing the law and proposed allowing families to start the guardianship filing process earlier.

“We need more filing time. We can't wait until they're 18 years old. Why can't we file at 17 years and six months? A half year gives you six months to start working into the process before they turn 18. She said, 'Great idea. Any other ideas?'” Kahle said.

He also suggested that if guardianship is not established by the time the child turns 18, the parent should remain the guardian while the application continues through probate court. In addition, he said health care benefits should continue without interruption.

“To stop everything on their 18th birthday and say, 'You can file starting today, but there's going to be a gap between everything.' That means there's a gap in their health care time, especially if they're nonverbal or non-communicative or can't handle their own affairs. That's the important class where this comes in,” Kahle said.

While Parker Kahle has autism, the proposed bill would apply to anyone with a disability that limits communication and who is not able to give consent. The bill has had two committee hearings so far, and no one has spoken against it. 

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Local father, son work to change guardianship rules, prevent care delays when turning 18