Micah went to court this month for the second time in his life. No, he was not summoned there for some infraction of the law, but his presence was requested by the Court as I had finally taken the step to ask the court to add his brother Josh as a Co-Guardian for him.
Micah’s first court appearance was back in 2011 when I petitioned the court to become his guardian when he was about to turn age eighteen. That hearing went smoothly as he had an attorney to represent his interests and basically Micah and I just sat and listened to the judge and the attorney discuss the necessity of guardianship.
Micah’s doctor was the catalyst to move forward with the co-guardianship paperwork . She asked about long term plans for backup guardianship during Micah’s annual physical earlier this year. She shared with me her experience with other families who did not have the safeguard of a second guardian in place, noting that it left their family member in limbo when their guardian died or otherwise became unable to fulfill their duty. She really got my attention when she told me that when the main guardian is no longer able to fulfill their duties, the court has to step in and name a guardian who might not be the best person to take on that important role. Her prompting got me moving at last; paperwork was filed, and Micah, Josh, and I were requested to attend the hearing.
I was not concerned about Josh’s or my participation in the hearing, but I did have some concerns about what Micah might or might not do. The reality is that the judge, who had never met Micah, has the power to make or not make the co-guardianship happen. Ideally, everyone is working in Micah’s best interests, but there might be debate over what those interests really are. Micah has a tendency to say “no” to many questions as his first response to questions. Even things that I know he really wants, such as ice cream after dinner, often will illicit a “no” initial response. Only when I get my own bowl of ice cream and show it to him will he pipe up with a quick “yes” for the desired dessert. My concern going into the hearing was if the judge asked Micah if he wanted his brother as his guardian, he could very well say no, even though I am sure he knows his brother loves him and looks out for him. My second concern for the hearing was that Micah had come down with a doozy of a head cold two days before the hearing. I really did not want to postpone the hearing I had already put off for far too long if we could get it done. But having a cold could potentially impact his behavior in the courtroom in unforeseen ways.
The good news is that the hearing went smoothly. When I introduced Micah, I shared that he was non-verbal and the judge never asked him anything, which was a relief. Oddly, his head cold also seemed to subdue him, so he sat quietly and his only “unusual” activity during the hearing was to pick a few hairs off my jacket, most of the hearing he seemed content to sit between Josh and me and listen. Even the judge commented on how well he did….an ending I had never dreamed of.
After the hearing, when we went out to lunch, Micah was back to his normal shenanigans; grabbing a huge handful of candy from the hostess station while we were waiting to be seated. It took both Josh and I to corral him to head into the dining room for lunch. Another clear example of why Micah needs two guardians, not only is his future more secure, but the candy counters of the world are as well.
Jan Lessard Peightell, October 23, 2023