Guardianship

Many parents who have children with special needs are shocked when they discover that a parent can no longer manage the medical care, education, or financial matters of their child when the child turns 18. Also, you will not have the legal authority to access your child’s educational or medical records. You have limited legal options for handling the situation to protect your child.

A California estate planning attorney can answer your questions about how a special needs guardianship protects against Medicaid issues.

An Overview of Special Needs Guardianships

A guardianship of your child with special needs involves asking the court to appoint someone who will have the legal authority to make decisions on behalf of the person with disabilities.

The shocking truth that we all need to realize is that what happened to Britney Spears could happen to any of us. A judge could take away your control over your income, the assets you have built up over the years, your right to make medical decisions, and nearly everything else that matters to you. A court could appoint someone to make all of your decisions, even against your wishes.

The good news is that you can take steps now to protect yourself from an outcome like what Britney Spears has experienced. You can sign legal documents now to select people you trust to act on your behalf if you should ever become incapacitated, permanently or temporarily, from an illness, accident, or some other reason.
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California allows for two types of probate guardianships for minor children and adults – guardianship of the person and guardianship of the estate. In the guardianship of the person, the court-appointed guardian acts in the place of a parent and makes the day-to-day kinds of decisions that a parent would for a child or that a competent adult would make for himself. A guardian of the estate, also called a conservator, manages the financial affairs of the minor child or incapacitated adult.

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Choosing a legal guardian for your child is one of the most important decisions you must make during estate planning. It is not a decision your California estate planning lawyer can make for you.
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