Parents of Special Needs Children Should Plan Early for Guardianship

HOLMDEL, N.J. - May 13, 2013 - PRLog -- Holmdel, N.J. – Parents of developmentally disabled or other special needs children should begin planning for the inevitable day when their child turns 18 and legal guardianship must be established.

Disabled World News defines guardianship as a legal relationship in which a person, the guardian, is allowed to make decisions on behalf of another person.

Attorney Nancy L. Holm advises that parents educate themselves as early as possible about the decisions they need to make to ensure that the rights of their child are protected as the child transitions to legal adulthood. “Parents who plan ahead, educate themselves, and work closely with their legal advisor have more peace of mind as their child approaches age 18,” said Holm.

The new adult’s legal rights and responsibilities, such as coverage under health insurance, Medicaid benefits, and tax requirements, will change. And parents may suddenly find that their access to certain information about their children, including medical and school records, will be denied under law.

“Establishing a legal guardianship can help protect the rights of children with disabilities as they transition to legal adulthood at age 18. This includes financial, insurance, medical, educational, vocational, and other areas of their lives,” said Holm.

Guardianship is not an “all or nothing” determination. Just as there are varying degrees of disability, there are varying degrees of guardianship.

“If your child is capable of making some decisions for him- or herself, but not others, this information can be clearly designated within the guardianship,” said Holm. “Assess your child’s abilities in categories such as living arrangements, communication, and decision-making, and talk with your health care provider to garner their advice.”

Holm offers these tips for parents:

·         Educate yourself – there are many websites such as Autism Speaks (http://www.autismspeaks.org/family-services/tool-kits/tra...) that provide excellent information for early contemplation and discussion.

·         Begin discussing guardianship with family members – get input and feedback from family on the different components of the guardianship decision.

·         Consult with an attorney – early consultation with an attorney licensed to practice in your state of residence will help you identify your options.

·         Establish guardianship issues in a divorce decree – if you and your spouse are divorcing, ensure that guardianship issues are discussed and settled in your divorce decree. If you are already divorced and have not settled on the guardianship issues, do so now.

·         Financial matters – begin financial planning for your child immediately. Consider a Special Needs Trust to help offset the many financial issues that can impact receipt of Medicaid and other government benefits.

·         Discuss estate planning – talk with your spouse and the grandparents regarding the special needs child as beneficiary and seek legal counsel in order to preserve the child’s entitlement to government benefits.

·         Start saving – guardianship must be established legally so set aside monies now to pay for attorney’s and court fees.

“The legal transition from adult to child is a stressful and challenging time, and often tears families apart. With advance preparation and clear communication, parents can meet this next stage in their child’s life with the same perseverance, kindness, and love that they exhibit each day,” said Holm.

Holm is the attorney of record with the Law Office of Nancy L. Holm, LLC, New Jersey Limited Liability Company, a full-service, general practice law firm located in Monmouth County, N.J., and serving clients in New Jersey and Pennsylvania. For more information, visit http://www.holmlawnj.com or telephone (732) 444-6406.

Citation: Disabled World News (2011-09-22) http://www.disabled-world.com/disability/education/special/guardianship.php#ixzz28RbueoNW