Including a Legal Guardian in Your Will for Your Special Needs Child

Here are some reasons why you should write a will and appoint legal guardians for your special needs kid right away.

What you’ll discover:

What happens to my kid if I pass away?
Who should I appoint as my special needs child’s guardian?
In my will, how do I designate my child’s guardian?
How can I ask someone to be my special needs child’s guardian?

Every day, parents with special needs children encounter unique obstacles. Special needs parents do everything for the love of their unique and amazing children, from assisting their children in mainstream activities to pushing for necessary changes to their educational environment.

As a result, contemplating what would happen if you were no longer able to care for your kid might be quite upsetting. Naming a guardian in the case of your death gives difficult issues to consider. That individual would be responsible with guiding your kid through elementary school or preparing them for adulthood. Here are some reasons why you should make a will and establish legal guardianship as soon as possible.

What happens to my kid if I pass away?

If your child’s other parent is still living, unless your parenting circumstances are more difficult, that parent may normally take guardianship. Nonetheless, far too many individuals put off appointing a guardian because they believe a family member will naturally fill the duty. That assumption has repeatedly been proved wrong.

When parents fail to select a guardian for their kid in the event that they die or are unable to care for their child, the choice is made by the courts. To begin managing your child’s needs, a sibling, grandparent, or trusted friend will need to obtain court clearance. When a person dies without naming a guardian in their will, courts have no means of knowing the parent’s preferences.

The procedures used by the courts to assess who serves the child’s best interests may vary significantly from those employed by the parent. Even if it goes to a family member, it may not be the one you would have picked. What happens to a kid when a parent dies without appointing a guardian in their will is typically beyond the control of the parent.

Who should I appoint as my special needs child’s guardian?

To suggest that selecting the correct guardian to care for your cherished kid is a significant choice would be an understatement. You are making one of the most important choices of your life, and it will have long-term consequences for your kid.

There are concerns shared by all parents, as well as those particular to the special needs community. Religious affiliation, economic stability, personal beliefs, geographic location, and other children in the family are all aspects that parents consider. As a special needs parent, you must additionally answer the following questions concerning appropriate guardians.

Will the guardian maintain my kid in the school system where their education program is already in place?
Is this individual familiar with special needs children?
Is the possible guardian aware of the difficulties my kid faces on a daily basis?
Should I pick someone with whom my kid already has a relationship?
Do the applicants have the personal resources to care for another kid, especially one with special needs?
What if my first choice was unable to act as a guardian?

The answers to these and other questions assist to restrict the field to someone who is willing and capable of taking on the duty. Common sense says that you should have a backup in case your initial option is unavailable. The critical next step is to ensure that the proper person has the force of law by including them in your will.

In my will, how do I designate my child’s guardian?

To ensure that the guardianship becomes legally enforceable, parents must write a will or alter an existing one. If you, like many others, have put off making a will,

How can I ask someone to be my special needs child’s guardian?

Too frequently, individuals see this as a simply abstract promise that will never be fulfilled. As a result, requesting someone to be your child’s appointed guardian necessitates an open and honest discussion. They must comprehend the reality of caring for a special needs kid on a daily basis. The idea must be made emphatically that consenting to be included in your will is a significant commitment that may be fulfilled.Consider talking about how you want your kid to be raised and showing that individual the set educational curriculum. Discuss life beyond grade school and the amount of independence you want your kid to achieve. Assure the individual that this might be a life-changing event and that it should not be taken lightly. A parent’s best interests are generally served by approaching many persons and designating a backup. If you don’t have a legal guardian or need to alter your will, consult with a lawyer right away.