Time Often Changes Special Needs

It's spring 2008, and the Easter/passover holidays are early. Regardless, the beginning of spring for many is a time for renewal and taking care of those items on the "to-do" list long since over-looked.

Families that have teenagers with speical needs often have lists longer than most. What with all that must be done, those that are not urgent are pushed further down the list. One of those overlooked items is legal planning for those things not related to estate planning or even special needs trusts. Legal planning for the individual rights of challenged teens requires parents to decide if guardianship or powers of attorney may best serve how the teen will have access, connection and voice in the young adult years to come.

If the challenged child needs guardianship or conservatorship (depending upon the state), the parents should consult a special needs attorney in their area. The necessity of guardianship will depend on the severity of the physical and mental deficiencies that challenge the child. For many children, their mental function may be of sufficient threshhold that they have the ability to make informed decisions regarding their choice of agents under powers of attorney. See my future comments about challenged teens and powers of attorney. 

As for guardianship, the process maybe be started in many states as early as six months prior to the child reaching the age of eighteen. If the teen has no assests, including no gifts given under the Uniform Gifts to Minors Act (which I generally never advise), then the process is much easier with guardianship of the person. Many states have tried to offer forms that are user friendly for filing the petition and other documents. Even then, the Court will often appoint an advisor, visitor or guardian ad litem to represent the child.