Choosing a guardian for a special needs adult

On Behalf of | Jan 28, 2025 | Estate Planning |

Planning for the future care of a special needs adult is a significant and emotional responsibility for parents. If you are facing this particular concern, as part of the estate planning process, selecting a guardian is one of the most consequential decisions you’ll make to better ensure that your loved one continues to receive the care, support and advocacy that they need. 

A well-thought-out guardianship plan can help to inspire greater peace of mind that your child’s physical, emotional and financial needs will continue to be met even if/when you’re no longer able to provide care yourself.

What is a guardian?

When the parents of a minor pass away, another adult may become their legal guardian. The same holds true when the parents of a special needs adult pass away. A guardian is a person legally appointed to make decisions on behalf of an adult who is unable to fully manage their own affairs. For special needs adults, this often includes decisions related to healthcare, housing, education and daily living. A guardian’s role can also extend to managing finances if the individual cannot handle their own money.

Selecting the right guardian for your adult special needs child is a deeply personal decision. The guardian must be willing to take on the responsibilities and challenges of caring for a special needs adult. Consider whether the person you’re thinking of has the time, energy and capacity to meet your child’s needs. It’s also important to choose someone who understands the unique challenges and requirements of caring for a special needs individual. A guardian should be familiar with your child’s condition, medical care and support systems.

You’ll also want to consider how well a potential guardian knows and gets along with your child. A strong, positive relationship can ease the transition into their new relationship and help maintain stability. With that said, it’s also important to understand that guardianship is a long-term commitment. If a chosen guardian is older, it’s wise to name a successor guardian who can step in if an adult child’s primary guardian becomes unable to serve.

This can be an overwhelming prospect. But, an experienced estate planning legal team can guide you through this process. You don’t have to do this alone.