Special Needs Answers
Should You Consider A Guardianship or Conservatorship for Your Loved One With Special Needs?
Many relatives or caretakers of loved ones living with a disability may at some point need...
Read moreWhen My Child Is Over 18, Who Chooses Their Guardian?
- October 6th, 2023
Q
I have named short-term and long-term guardians for a minor special needs child. My understanding is that will avoid guardianship proceedings in court. Can I do the same once the child is over 18, or do I have to go to court, where judge decides the guardian?
A
This depends on state law. In Massachusetts where I practice, the nomination of guardians does not avoid court proceedings, it just means that you get to pick who will be appointed. That may or may not also be the case in your state. While your state may not be legally bound by your nomination of a successor guardian after your child is over 18, it’s likely to give it considerable weight.
Harry S. Margolis practices elder law, estate, and special needs planning in Boston and Wellesley, Massachusetts. He is the founder of ElderLawAnswers.com and answers consumer questions about estate planning issues here and at AskHarry.info.