Points to consider when making guardianship decisions

by | Jan 3, 2019 | Firm News, Guardianships And Conservatorships |

Sometimes, as a last resort, a person in New Jersey may have to have a guardian appointed to an adult child who is incapacitated or has special needs. It is essential that, when choosing a guardian, a person does not rush into making a guardianship decision. The following are some points a person might want to consider when selecting a guardian for their special needs child.

Of course, parents will want to determine who will be an appropriate guardian and successor guardian. These individuals will be responsible for making prudent decisions on behalf of the protected person. It is important that parents discuss guardianship with prospective guardians to ensure the prospective guardian is willing and able to take on these responsibilities.

In addition, it is important to discuss the living arrangements of the protected person with potential guardians. For example, will the protected person live in an assisted living facility, in the guardian’s home or will the protected person be able to remain in his or her own home? Also, it will need to be determined how the child’s finances will be managed. For example, some parents may set up a special needs trust for their child.

Caring for a disabled adult child is not always easy, but it is an act of love. Parents of special needs children are responsible for ensuring their child’s needs will be met even after the parents pass away. For this reason, it may be necessary to appoint a guardian over the adult child. This is an important decision that requires careful thought over both the child’s needs and the potential guardian’s ability and willingness to meet those needs. Guardianship is a legal relationship, so it may help to consult with an attorney when selecting a guardian, so appropriate decisions can be made.