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.
I recently had a client contact me who had filed for conservatorship for her child a few years before. She explained that a friend had given her daughter a ride to the bank where her daughter applied for a $6,000 loan that was granted to her. Fortunately, the friend appeared to have no ulterior motives. Because the parents had a conservatorship in place, the bank reversed the loan. Getting into serious debt, especially when the individual is not a wage-earner or has minimal wage earning, can quickly become a burden to already burdened families.
Written By: Genevieve Gribble
Genevieve is an attorney at law with Inter Vivos, PLLC with a specialty in Special Needs. She was raised with a brother with special needs and for the past 6 years has volunteered as a one-to-one aid at school for her nephew who has autism. Her passion is to help people who cannot help themselves by tearing down brick walls that prevent those with special needs from receiving the services they need. She loves estate planning and helping people get their affairs in order.
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