If you are the parent or family member, who is the responsible caregiver of an adult living with a mental or physical disability, you know how challenging managing their care and day-to-day life can become. In fact, you know most of those in your circle of family and friends realize their own limitations to follow in your footsteps.
Without question, the responsibility of caregiving is one of love, respect and dedication. Guardianship services are designed to assist you in planning for the succession of your caregiving, offering peace of mind that the right person becomes your loved one’s legal guardian, should you become deceased or incapacitated.
In many respects, the guardianship of a disabled adult parallels that of a minor child. If the disabled adult requires full-time care and lacks the competence to make decisions, he or she will require a guardian to step into your shoes should you suddenly be unable to handle the responsibility. It is recommended you have a guardianship clause inserted into your Will that designates a chain of succession. If you pass away, the responsibility for your disabled adult child or family member would then pass to the next legal successor.
In addition to the guardianship clause, I also recommend establishing a power-of-attorney (POA) agreement which would activate should you become mentally or physically incapacitated but remain alive. The POA agreement would be deactivated when you could resume your role as primary caregiver. You can also change the agreement to appoint a different designee or cancel entirely, if you are not deemed mentally or physically incapacitated to make such changes.
For more information on Guardianship Services, please contact me at 407-971-4727. I will be happy to provide a free legal consultation on what you need to know about a guardianship for your loved one.