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It’s important to select a guardian for your special-needs child who is trustworthy, responsible, compassionate, and patient. You should also choose someone who’s young and strong enough to commit to raising your child and caring for them for years if need be. Depending on your child’s needs, they could require care throughout their life. For this reason, having other guardians lined up to take over as needed is a good idea.
Some guardians are only needed to handle financial matters, with the special needs child able to handle their own day-to-day care. In other cases, your child will need to be cared for by a facility full-time, and in these cases, their guardian plays more of a background role.
Should you select a sibling or cousin of your special needs child to be their guardian? Sometimes. In some cases, this can be ideal, as there is already a bond, familiarity, and responsibility involved. In other cases, however, non-disabled siblings may be unavailable or even resent their special needs sibling, making them an inappropriate guardian.
Apart from guardianship, it’s important to consider your special-needs child’s long-term financial needs. Some parents don’t include special needs children in their estate plans, worrying that doing so might cost their child Social Security benefits. But it’s wise to consider placing some money aside in a trust for your child’s care to ensure this money is not spent unwisely and that provisions are made should the need arise.
Yes, it is possible to file a petition to modify guardianship with the New York courts. And while some guardians may step down voluntarily from their position, others may be unwilling to give up their position, requiring legal action.
Going through this legal process can be complicated and lengthy, so it’s important to have the help of an attorney familiar with guardianship modification. Ultimately, a judge will rule on whether your child’s present guardian is removed, and this won’t happen immediately. As a result, it may be necessary to have alternative arrangements in place for your child until a ruling is handed down.
If you can not find a suitable guardian for your special-needs child, the court can appoint a third-party guardian. These court-appointed guardians could be lawyers trained and certified to act as guardians or social workers.
Not-for-profit organizations can also step in and help provide a guardian. And if your special needs child is in a facility, the executive director or the social worker serving that facility could step into that role if needed.
For more information on Estate Planning For A Child With Special Needs In New York, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (877) 200-6845 today.