How To Pick A Legal Guardian For Your Child With Special Needs

An Overland Park special needs planning attorney can provide you with assistance if you have a child who has special needs.  There are many different issues that can arise when you have a child who is disabled and who is unable to care for himself or herself. You should work with a compassionate and knowledgeable legal professional who can help you identify the steps you will need to take to keep your child safe no matter what happens to you.  

Parman & Easterday has helped many parents and guardians make appropriate plans for their children with special needs. We will work closely with you to determine the legal tools to use to provide for and protect your child and ensure your child has the best quality of life no matter what the circumstances.

How to Pick A Guardian For Your Child With Special Needs

When you have a child who has special needs, you need to plan for the day when you are no longer able to care for your child if he or she is not able to live independently. Parman & Easterday can help with this process.  The first thing to consider is whether there is a guardian who would be willing to care for your child with special needs in his or her home. Often, a sibling or another younger relative is asked to fulfill this role.

Before you decide your child will be cared for by a relative, have a series of conversations with your chosen guardian about what this would entail and make sure the potential guardian is willing and able to make the commitment. You should also consider naming a backup guardian in case your first choice is unable to care for your child with special needs when you become incapacitated or pass away.

If you do not have a caregiver to take your child in and act as your child’s guardian, you will need to look into a care facility for your child.  If you want a private facility for your son or daughter, this can be very expensive. You may wish to consider buying a life insurance policy so money is available to provide for your child’s care after you are gone.

If your child will be in a care facility, your child still needs a legal guardian. The legal guardian will not physically care for him, but will be responsible for making decisions on your child’s behalf and managing his welfare.

If you are leaving a financial inheritance for the care of your disabled child, consider whether giving it directly to your son or daughter would cause a loss of means-tested benefits such as Medicaid or SSI.  If your child would lose important benefits, an Overland Park special needs planning attorney can establish a special needs trust so the inheritance can be managed for your child while preserving access to Medicaid, Supplemental Security and other means-tested benefits.

Getting Help From An Overland Park Special Needs Planning Attorney

An Overland Park special needs planning attorney at Parman & Easterday can aid you in ensuring your child is cared for physically and financially should something happen to you. We will discuss your goals for your child’s future and any limitations your child may have, and we will help you use of the legal tools that will best provide for your child if you are no longer there to be your child’s caregiver.

To find out more about the special needs planning services our legal team can offer to parents of children with disabilities, join us for a free seminar. You can also give us a call today at  (405) 843-6100 or (913) 385-9400 or contact us online to get personalized help with planning for your special needs child.