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