Protecting a child with special needs
Do you have a child who is eighteen or older and, while the world sees them as a legal adult, you know your child has special needs that has delayed their cognitive abilities? Does your estate planning provide for and protect the financial future of your child with special needs? You may need to file for a guardian advocate and our firm can help you do that.
The law says that when a person turns eighteen, they are legally allowed to make their own choices, financial, contractual, and healthcare decisions. However, often times a person with a cognitive disability, no matter their age, cannot provide the informed consent required as an adult even though the law says they should be able to do so.
If your child or loved one is eighteen or older, you, as the parent or caretaker, are no longer legally able to make financial or health decisions for them without some form of formal authorization. Most people find this out the hard way when their child is sick or injured!
If you believe your child, as a result of a developmental disability, is not able to provide informed consent for financial and healthcare matters, please contact me and I can assist you with a formal guardianship. Thankfully, there is a legal process for a guardian advocate which is much less invasive of a legal proceeding but it will provide the authorization you need and the protection and security your child needs if something were to happen to them.
It brings me so much joy to know I can help provide the peace of mind for many parents who struggle with what to do in this situation.
Another important thing to consider that I can assist you with is creating your estate plan that provides for your special needs child without compromising the public benefits they receive. Contact Dena Rogers for more information.