What makes a strong guardianship for an adult with special needs?

On Behalf of | Oct 23, 2024 | Estate Planning |

Guardianship can provide essential legal protections for an adult with special needs. Establishing a strong guardianship plan helps ensure the individual receives proper care, financial management, and support throughout their life. Here are the key steps to create an effective guardianship for a loved one.

Determine the need for guardianship

Start by assessing if guardianship is the right path. Some adults with special needs can make decisions independently or with some support. Guardianship may be necessary if they are unable to manage their health care, finances, or daily needs. Consulting with an attorney who is knowledgeable in disability law can help determine if guardianship is appropriate and what type fits the situation.

Choose the right guardian

Selecting a guardian is one of the most critical decisions in this process. The guardian must be someone trustworthy, responsible, and capable of caring for the adult with special needs. Guardianship duties may include managing medical care, making financial decisions, and advocating for their best interests. Consider family members, close friends, or even a professional guardian, based on the specific needs of the individual.

Understand the different types of guardianship

Not all guardianships are the same. Limited guardianship gives the guardian decision-making power over specific areas, while full guardianship covers all aspects of the adult’s life. Tailoring the guardianship to the individual’s needs can help maintain their independence where possible, allowing them to be involved in decisions they are capable of making.

Legal steps to establish guardianship

Establishing guardianship requires a legal process that typically involves filing a petition with the court, attending hearings, and providing evidence that guardianship is necessary. It’s important to gather medical records and other documentation that supports the need for a guardian. An attorney can guide the family through this process and ensure all paperwork is complete.

Guardianship does not end with the court’s approval—it requires ongoing attention. Guardians should create a long-term care plan, including financial strategies and health care management. Having a backup guardian can also ensure that the adult’s needs are met if the original guardian can no longer fulfill their role.