Special Needs Planning

The guardianship of an adult, in which a judge appoints an individual to make choices for a person over 18, is appropriate when the adult lacks capacity. Capacity is a general legal term that refers to a person’s cognitive ability.

Many caregivers put their needs last, often giving up income to step into a caregiving role. As a result, they may suffer quality of life and financial and health issues.

Studies show that looking after those with special needs exacts a toll on caregivers. This Thanksgiving season, shift your focus a little and remember that you must take care of yourself if you want to continue caring for others.

For some people with disabilities, a guardianship or conservatorship would be overly restrictive. Supported decision-making can be an alternative to unnecessary guardianships.

Care facility closures are becoming increasingly prevalent, especially in rural areas, and can significantly impact residents' lives.

A qualified disability trust (QDT) can minimize unnecessary tax consequences.

Guardianship can be an important part of special needs planning. Children with disabilities who can’t manage personal and financial affairs may need guardians as adults but still retain many fundamental rights.

Newly introduced legislation may soon alleviate a challenge families sometimes face when planning for a loved one living with disabilities.

Many relatives or caretakers of loved ones living with a disability may at some point need to be able to exert more control over their family member's personal affairs.