Discusses alternatives to guardianship including the use of representative payees, power of attorney, advanced health care directives, and limited involuntary guardianships.
The question I am asked most often by parent’s of individuals with special needs is: “What will happen to my child when I can no longer take care of her?” It is a question of uncertain direction and almost certainly followed by a more directed question about the process of petitioning for guardianship. As a parent of a child with significant needs, I understand the fears of other parents and desires of immortality. As an attorney, I understand the temptation to dive directly into addressing my client’s specific question and begin explaining the process of seeking legal guardianship. That is what the client is asking for, right?