Guardianships
As part of a comprehensive estate plan, consideration of temporary and permanent guardians for your children in the event both parents die in a tragic accident or are unable to care for their children should be done. At this point, you are simply putting in writing who you would want to care for your children. This is kept confidential and the names of these individuals are in a separate document that is mentioned in the Will.
Most parents do not plan for the above scenario until it is brought up by an estate plan attorney. It’s important for parents to think about this issue and put their decisions in writing in case it happens. Most likely you will never have to use these relatives or friends.
Conservatorships
Conservatorships for a special needs adult are for the parents or relative caregivers so they can keep the ability to make decisions over their adult child when needed. The decisions are in the following areas: consent for medical treatment, education decisions, where the person lives, the right to make or sign contracts (signing a lease agreement, credit card application, opening a bank account, etc.) including financial decisions, and to have access to confidential records of that person.
These become very important when your child turns 18. Hospitals and doctors’ offices do not legally have to contact the parents once a child turns 18. I had a friend whose son turned 18 years old and soon after was hospitalized. The hospital did not notify the parents for 5 hours and they were so scared because they did not know where their son was. It was only after their son told the doctor that he did not understand what they were talking about and after he asked them repeatedly to call his parents that they finally did.
Don’t wait until they turn 18 to start the process. Start planning a few months before they turn 18 years old. Contact an attorney who can gather the information from the Regional Center and school district to start the process so that once they turn 18, the Petition for Appointment of Conservatorship can be filed.
Call Green Rose Law Offices Today
Call my office or fill out the form below to set up an appointment to go over your family’s needs. Don’t wait to take action. Call 424-401-3997 today or fill out the form below.