What Is Right For Your Child With A Disability?
When your child with a disability is about to turn 18, there is a major life decision that you as a parent are involved in. Should you get a guardianship for your child or is a power of attorney enough to protect their interests?
Unfortunately, guardianship, by definition, alters the opportunities for an individual with disabilities to make independent choices and exercise control over their lives. Under guardianship, an individual can have the following rights removed: the right to marry; the right to determine one own’s friends; the right to vote; the right to seek or retain employment; the right to consent to a medical procedure, including a sterilization or abortion; the right to drive; the right to decide where to live; and many others. Under guardianship, an individual can have the following rights removed: the right to marry; the right to determine one own’s friends; the right to vote; the right to seek or retain employment; the right to consent to a medical procedure, including a sterilization or abortion; the right to drive; the right to decide where to live; and many others. Guardianship can have a crippling effect on the individual in limiting their potential for as much independence as they are capable.
Is Gaurdianship Right For Your Child With A Disability?
For some individuals guardianship is the right choice, where their disability clearly limits their ability to make decisions at all. But for many individuals with intellectual or developmental disabilities, a power of attorney and a healthcare directive can provide the needed support to help them with important life decisions.
A power of attorney and a guardianship are both legal tools that allow someone to act on your behalf if you become incapacitated. The main difference between the two is who chooses the person who will act for you. With a power of attorney, you choose the person you want to act for you. This person can be anyone from a family member or friend to a professional such as an attorney or financial advisor. On the other hand, in a guardianship proceeding, it is the court that chooses who will act as guardian. This is usually done after an evaluation of your situation and needs by social workers and medical professionals.
The Difference Between Gaurdianship & A Power Of Attorney
The decision to use either a power of attorney or guardianship should not be taken lightly, as it involves giving someone else control over important decisions in your life. It is important to consider all options carefully before making any decisions and consult with an experienced lawyer if necessary. Both tools can be useful in certain situations, but it’s important to understand their differences so that you can make an informed decision about which one is right for your child.
A power of attorney and guardianship are both legal tools that allow someone to act on your behalf if you become incapacitated. The main difference between the two is who chooses the person who will act for you. With a power of attorney, you choose the person you want to act for you. This person can be anyone from a family member or friend to a professional such as an attorney or financial advisor. On the other hand, in a guardianship proceeding, it is the court that chooses who will act as guardian. This is usually done after an evaluation of your situation and needs by social workers and medical professionals.
Need Information About Special Needs Trusts?
I am Tom Sannicandro, a Special Needs Trust Attorney and I am here to help. I am the founder of a nonprofit corporation that provides quality information about resources available to families as well as providing affordable Special Needs Trusts and estate planning for families. I have over 20 years of experience helping families just like yours. Find out more information at SpecialNeedsTrustsOnline.com or click here to set up a free appointment.