Is a Special Needs Guardianship Right For You?

For some people, a special needs guardianship can be an essential tool for helping to protect a loved one with a severe chronic disability. This type of guardianship can ensure they are cared for, even if you are no longer there to care for them. But how do you know if a special needs guardianship is the right thing for you and your family?

What is a Special Needs Guardianship?

A special needs guardianship is essentially what it sounds like: it is a legal guardianship over someone who has special needs, and thus is unlikely to be able to care for themselves. It gives a designated guardian the ability to make legal, financial, and medical decisions on behalf of the person with special needs. That way, they never need to worry about handling those matters themselves.

Why Might You Need a Special Needs Guardianship?

The primary reason to get this type of guardianship is to ensure the well-being of someone with a severe chronic disability that prevents them from caring for themselves. This may be a disabled child with a congenital condition, such as Down’s syndrome or cerebral palsy. It can also be a loved one who suffered from a severe illness or injury that has resulted in long-term health complications, such as a seizure disorder or traumatic brain injury.

What Are the Benefits of a Special Needs Guardianship?

With a special needs guardianship, you can make legal, financial, and medical decisions on behalf of your loved one, so they do not need to worry about making those decisions themselves. This includes managing their finances, paying their bills, and signing important documents. It also includes being able to give informed consent for medical treatments and procedures they may need.

What Should You Do?

Ultimately, a special needs guardianship is just one part of a larger plan for caring for a loved one with a severe disability. That is why you should speak to a lawyer with experience handling estate planning, particularly when handling issues involving loved ones with special needs. They can review your situation and ensure you get the best possible estate plan for you and your family.

The estate law attorneys at David J. Lorber & Associates, PLLC will work with you to create an estate plan that suits your needs, and help you to protect yourself and your loved ones. For comprehensive estate and elder law services in New York, call David J. Lorber & Associates, PLLC at (631) 750-0900 or contact us online to schedule a free consultation at our Setauket office.