Web: https://boginlaw.com/ | Email: [email protected]
Phone: 301-656-1755 | Licensed in MD/DC/VA
Matthew Bogin is an estate planning attorney whose practice focuses on helping families with their Special Need Planning. Full disclosure - I worked with Matt to establish both my 1st & 3rd Party Special Needs Trusts. I also worked with him when I petitioned for the Guardianship of my son.
During this interview, we review what Guardianship is, and isn't. Matt shares that many families are surprised by:
(1) how much information the courts want to know about the individual's condition and,
(2) that the Guardians are required to submit reports to the Court explaining what they've done.
Matt explains being a Guardian of an adult is very similar to being the parent of a minor. Although you have the authority to make every decision for the individual, you don't have to. You are able to let the individual make some of their own decisions - you would retain the final say.
When someone is found incapacitated enough to require a Guardian they will not automatically lose their right to vote. It depends on the State, every State has different rules. The same is true for when you should file for Guardianship, in some States (like VA) you can file 6 months prior to the child's 18th birthday.
If you are seeking Guardianship do yourself a favor and think about who you would want to take over if you are no longer able to serve in this capacity. You may be able to identify the successor Guardian in Court documents when you are granted Guardianship. Or you may have to list the successor in your estate plan. Either way will ensure the State does not need to try to fill the void.
Guardianship does not have to be a "permanent" solution. If the individual gains the ability to live independently as time goes on you can surrender it. This is what I am working towards. I am doing my best to help my son gain the skills he needs to live independently and make his own decisions. My biggest concern is medical decisions. These can be difficult to understand and make when you don't have a disability.
Matt has (3) Key Takeaways:
1) There is no right solution for everyone, it's an individual decision
2) It doesn't have to be forever
3) Things to consider are the influence of 3rd Parties and healthcare access & decisions.
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For more information about True North Disability Planning you can find us here:
Web: https://truenorthdisabilityplanning.com/
Blog - https://ejorgensenwordpresscom.wordpress.com
Podcast (ABC's of Disability Planning) - https://anchor.fm/abcs-disability-planning
Waypoints - https://waypoints.substack.com/
Facebook: @TrueNorthDisabilityPlanning
Resource store (free downloads too) - https://www.teacherspayteachers.com/Store/True-North-Disability-Planning
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