Do you need a guardian for your adult disabled child?
It depends. Just because a child has a disability does not mean that a parent needs to seek guardianship upon that child becoming a legal adult. A guardianship takes away the rights of the child and gives them to the parents. The situation may be such that the child can do some things on their own, but may just need some help from time to time. In those cases, a less restrictive alternative may be to have the child name the parents as agent under a Durable Power of Attorney.
The Alabama Disabilities Advocacy Program has an excellent resource on making the decision about guardianship. You can find it here.
Would your child benefit from an ABLE account?
Maybe. We like to think of ABLE accounts as another tool in the special needs planning toolbox. ABLE accounts are less expensive to establish and allow for more control than special needs trusts. However, they also come with some disadvantages.
Read our handout on the ABLE Act to find out whether an ABLE account may be right for your child.
Planning for your child’s future.
Planning for a family member with special needs can seem like a difficult task, but it does not have to be that way. When you create a plan, you get the peace of mind of knowing that you have done everything you need to do to protect your family from any concerns or issues they might have at a later date.
For more information, visit our special needs planning page.
For more information on the services we provide for special needs families, contact one of our attorneys: Jack, Shannon, Winston, or Jennifer.
