The 18th birthday of a disabled child can evoke feelings of apprehension for parents. While some parents may view their children as ready to embrace independence and take charge of their lives, parents of disabled children typically harbor concerns about how their child will navigate life without their oversight. With their child now legally considered an adult, parents may lose the ability to make decisions on their behalf or receive information about their medical or financial needs. This can leave many parents feeling unsure of how to continue caring for their child. However, by preparing thoroughly and seeking professional legal advice, parents can take measures to ensure that their child's needs continue to be met and their best interests remain safeguarded with asset protection you can perform in Reno, NV.

 

 

Have Your Child Sign a Financial and/or Medical Power of Attorney

To ensure the ongoing ability to provide care for your disabled child after they reach 18, it is advisable to explore the option of having them execute a financial and/or medical power of attorney. A financial power of attorney will authorize someone chosen by your child to make financial decisions on their behalf in case they become incapacitated or are unable to communicate their wishes. In the absence of this document, you may need to pursue legal avenues to acquire the necessary authority for managing your child's financial affairs. It's important to know that if your child chooses you to make decisions for them, they can still make their own choices if they have the capacity too.

Additionally, your child has the option to execute a medical power of attorney. This will allow them to designate a trusted agent who can make medical decisions on their behalf in situations where they are unable to do so or unable to communicate their preferences to healthcare providers. The agent appointed is chosen to make decisions according to your child's wishes. As long as your child possesses the capacity to make and articulate their own medical decisions, they maintain the right to do so, and the appointed agent would only step in if your child becomes incapable of making or expressing their preferences.

Executing a financial or medical power of attorney requires that your child has the mental capacity to understand and sign the documents, with specific capacity requirements varying by state. Even if your child cannot physically sign the documents, they may still be able to execute them. It's crucial to prepare these documents ahead of time, particularly if your child has a degenerative condition. Not planning ahead can lead to serious problems because the documents are meant to assist your child when they can't make decisions on their own. Until that happens, your child can still make their own choices.

 

If Your Child Cannot Execute the Necessary Documents

In the event that your child is not able to execute a financial or medical power of attorney due to lack of mental capacity, making decisions on their behalf may require court intervention. This process can be lengthy, costly, and public, causing additional stress and difficulties for both you and your child.

If your child is incapable of executing the required legal documents, you might need to undergo a legal procedure in court to establish guardianship and conservatorship. During this process, you would ask the court to grant you the authority to make decisions on your child’s behalf. The exact titles of the roles you may be seeking appointment for vary by state, but generally a guardian (sometimes known as a guardian of the person or conservator of the person) is authorized to make general life decisions for your child, such as where they live and what medical treatment they receive. A conservator is authorized to make financial decisions on behalf of your child.

If appointed as a guardian or conservator, you would have authority to make all decisions, including power of attorney for medical records, and your child would no longer be able to make any decisions for themselves. In some states, you may have the option to seek a limited or partial guardianship or conservatorship, where you can only make decisions specified by a court order. In all other matters, your child retains the right to make their own decisions. The court's overall objective is to promote independence while ensuring that your child receives the necessary support and care.

 

Contact Us Today!

Get in touch with us today if you are wanting to be prepared for your child with disabilities to approach the age of 18. It's important to plan ahead so that your child gets the same care they had going up well into their adult life. This includes addressing the power of attorney for medical records. Our team is available to provide support and guidance as you navigate through the essential steps.

 

Estate planning is an important process that involves making arrangements for the distribution of your assets and property after your passing. While having an estate plan in place is crucial for everyone, people with disabilities need to get in touch with a Reno estate attorney even more.

Disability panels are groups of people who are appointed to oversee the management of an estate plan for an individual with a disability. This group, which may consist of close relatives, dependable friends, financial advisers, and attorneys, works to see that the disabled person's needs and wishes are fulfilled in the event of their incapacitation or passing. This is crucial because people with disabilities could have distinct needs that call for extra care and attention.

Disability panels offer a level of transparency and accountability not often found in conventional estate planning arrangements, which is one of its key advantages. By appointing a panel to manage your estate plan, you can be confident that your wishes are being carried out according to your intentions.

Knowing that there is a plan in place for managing a potential disability, everyone involved can feel more secure and prepared. Also, a disability panel can ensure that, in the event of a handicap, the person's desires are respected and carried out.

It's also worth noting that disability panels can be a valuable tool for estate planning. By including a disability panel in an estate plan, individuals can ensure that their wishes for care and decision-making are respected even if they become disabled. In addition to ensuring that the estate is managed in accordance with their wishes, this can help avoid family disagreements.

Disability panels can help prevent disputes among family members or other parties who may have conflicting interests in your estate. When there is a panel in place to manage your estate, there is less opportunity for disagreements or misunderstandings to arise. This can help ensure that your assets are distributed according to your wishes and can help prevent the unnecessary strain on relationships that can often result from disputes over an estate.

In addition to providing oversight of your estate plan, disability panels can also assist with other aspects of your care. For those with impairments, who might need extra care and attention to preserve their quality of life, this might be particularly crucial.

When choosing members for a disability panel, it is important to consider factors such as trust, competency, and reliability. You want to choose people who will be dedicated to carrying out your intentions and who are capable of administering your estate plan in a competent and ethical manner. This may include family members, close friends, or trusted advisors who have experience with estate planning or disability issues. The correct people must be chosen to serve on the disability panel in order for it to be effective. These people ought to be dependable, aware of the person's requirements and preferences, and capable of cooperating in decision-making. Clear rules and processes for the panel's operation and decision-making should be in place as well.

Disability panels can play a crucial role in estate planning for individuals with disabilities. By designating a panel to manage your estate plan, you can be certain that your wishes are being carried out exactly as you planned and that your assets are being dispersed in a fair and equitable manner. This can provide you and your loved ones peace of mind and help avoid disagreements or misunderstandings that frequently occur in conventional estate planning arrangements. If you or a loved one have a disability, it may be worth considering the benefits of disability panels in managing your estate plan.

Get in Contact with Anderson, Dorn & Rader to Speak with our Trusted Reno Estate Planning Lawyers.

Setting up a plan for possible disability is a vital part of estate planning. As you set forth your disability wishes, you will have the opportunity to determine how your medical and financial needs will be looked after if you become mentally incapacitated. There are many benefits to creating a separate financial and medical power of attorney.

Different Agents

By keeping your powers of attorney apart, you can choose different agents for each purpose. For example if your spouse is best with your finances but would have an emotionally hard time making medical choices for you, you can name your son as your health care agent instead. Even if you name the same agent for each purpose, you can name different backup agents in the event that your first choice becomes unavailable.

Different Uses

A medical power of attorney allows your health care agent to make medical choices for you and speak with your doctors. He or she can have as much power as you desire, within the guidelines provided by state law, which allows you to limit any choices you don't want your agent to make. You can also place limits upon your financial agent. This person may handle all or some of your financial and physical assets.

There is another major difference between the two. Your medical power of attorney will most likely not be used while you are healthy and able to make your own medical decisions. It is, however, quite common to use a financial power of attorney in everyday life. Such a power of attorney may allow one spouse to easily sign for another if that other spouse is unavailable for any reason.

Privacy

If you choose to name separate agents for medical and financial purposes, using separate documents will help you to keep your medical and financial wishes private. Only the agent for each purpose will have access to your information. This is best if you intend to use a financial power of attorney during life, but don’t wish to share your medical wishes while you are healthy.

Reno Power of Attorney

If you live in Reno, NV and are interested in creating a Power of Attorney, consult with the experts at Anderson, Dorn & Rader. Call (775) 823-9455 or fill out the form below.

Power of Attorney Services

Wealth Counsel
© Copyright 2020 Anderson, Dorn, & Rader, Ltd  |   All Rights Reserved  |
  Privacy Policy  
|
  Disclaimer  
|
Attorney Advertisement  
linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram