When a person is 21 is their decision final no matter what?

Question

I have a 21 year old daughter with learning disabilities. My ex-wife has sole custody and is my daughters legal guardian. My daughter has had major back surgery, eye surgery, full braces, she was molested by her stepfather a few years ago, she lost her grandparents whom she was very close to. mY DAUGHTER is terrified of anything that has to do with doctors, hospitals or even going for a routine exam. My daughter and I are very close she is the love of my life. Her age is 21 but she is really like a 14 year old. She cannot drive, she wont be able to have a relationship or have children and she really cannot take care of herself. She does no the difference between right and wrong and yes & No. My questions are because she is 21 in a worse case scenario if she needed something like open-heart surgery even if it was to save her but because she is so scared if she said no is that the final answer. I will side with my daughter before my xwife or any doctor. also do they need my OK for that

Answer 1

You need an attorney's advice. If your daughter was molested by her stepfather where was her mother when this went on. A family attorney should be able to help you to find out what matters need to be addressed and by which path to address them. If you do not have legal custody then you most likely don't share any responsibility in medical decisions...at least in the eyes of the court. Good luck to you.

Answer 2

I believe I would check into that if I were you. There has to be laws for this type of situation. I think I would consider getting an attorney and file for some form of custody to begin with, unless there are reasons stating that you can not ever assume any type of custody for your child. Which in this case would confirm some type of abuse you have committed on her in the past or have been convicted of a drug felony. These are the only two reasons why any form of custody would be denied in a court of law. If the circumstances do not pertain to you then go for it and regain some custody. Take some type of control over the situation rather than asking questions that only an attorney or a physician can answer. If you are able to convince the court that your daughter in not capable of making decisions for herself then I am sure the rest of it would be a piece of cake to figure out. I do know this for a fact and that is if your daughter has no legal documentation of a will that has been notorized by a legal notory of republic, then any decisions to be made can be made by the legal guardian. You are in a position that you can take some type of authority in and until you do do anything about your concerns, the next best thing to do is just hope the situation doesn't arise and if it does happen without you making any effort about your fears before hand, then you get to face your fears exactly the way you feared facing them the most. To be in the position you worry about being in and not being able to legally take any form of custody, your best bet is to talk to your daughter about it if it scares her that much. But by the way you have explained her would seem as though she would be unaware of existing health problems and surgeries. In that case don't press the issue to her, this could remind her and then you would only scare her? Why do that?

Answer 3

A person like that should have a legal gaurdian who makes life decisions for them. I don't understand why you say she can never have children......you may be surprised one day to find out that she's pregnant.

Answer 4

no