Last year I did a document set for a friend’s son who was going to be living abroad for a couple of years. There was a power of attorney and health care documents. There was no occasion to use the documents for the first year but recently, the son had his ATM card chewed up and his parents were able to use the power of attorney to get him a new card. Then, when taxes were due, they realized that their son had neglected to get some important tax documents sent on from his work. They were able to use the power of attorney to request and receive the tax documents.
Last week, I was in math class with my nephew “T”, who has autism. The math teacher was giving him some one-to-one help with a math concept that he was struggling with. The teacher was sitting right in front of T and T kept clearing his throat in a loudly manner and belching. I could see that the teacher was getting a little annoyed by T’s behavior. This made me think about care plans in special needs estate planning.
Most parents of children with special needs want their child to be as independent as possible. As their child gets older and reaches the age of majority, usually 18 years old, they may not be ready to accept all the responsibilities of an adult. I encourage parents to consider what vulnerabilities their child may have if they do not have a power of attorney, health care documents or a guardianship (either limited or full, depending on the circumstances) in place. If the child is vulnerable to being taken advantage of financially, a power of attorney or a conservatorship might be appropriate.
Estate of Mind Blog
Is written and maintained by the member attorneys at Inter Vivos, PLLC. It is meant to focus on the situations where planning is often overlooked, but having a proper plan in place can be very important. Let Us Earn Your Family's Trust!
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