Choosing a Guardian for Your Special Needs Child

In This Issue:

1. Choosing a Guardian for Your Special Needs Child

2. About the Firm

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Choosing a Guardian for Your Special Needs Child

One of the most important decisions parents must make when preparing their estate plan is the choice of a guardian for their child should they be the ones to die first. The choice of guardian can be especially difficult for the parents of a child with special needs. Unfortunately, some people don't put enough thought into their selection, choosing a close relative or friend regardless of that person's background in dealing with children with special needs. Below is a checklist of important questions that parents should ask when choosing a guardian for their special needs child.

Does the prospective guardian have the necessary maturity, experience, temperament, patience, and stamina to undertake the responsibilities as guardian of the special needs child?

Does the individual selected have a genuine interest in the child's welfare, either through family relationship or personal friendship, and have the confidence of the minor and parent?

Does the prospective guardian have some understanding of the emotional needs of the child or the willingness and ability to obtain skilled guidance on this subject?

Is the prospective guardian a person of integrity and stability?

Is the individual physically able to undertake the care of a special needs child, and does the individual have the time necessary to devote to this task?

Is the prospective guardian's personal situation, religion, age, marital status, other children, personality traits, and similar factors acceptable to the parent?

Will sufficient funds be available to cover the costs of caring for the child throughout the period of guardianship and, if the child is to live with the guardian, to enable the guardian and family to meet the increased strain on their resources?

Is the prospective guardian willing to serve?

Is the prospective guardian willing and able to give the special needs child an upbringing similar to that which the parent would have provided financially, socially, morally, and in other ways important to the parent?

Does age of the prospective guardian pose any problems?

Does the prospective guardian have any conflicts of interest with the minor?

The above list can be a great starting point for parents of a special needs child in preparing their estate plan, and can help focus the search for the best possible guardian.

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About the Firm

Evan H. Farr, CELA, CEA, has been in private practice in Fairfax since 1987, is a Charter Member of the Academy of Special Needs Planners, and is the only attorney in Virginia who is both a Certified Elder Law Attorney and a Certified Estate Advisor.* , Since 2007, Evan has been named by Virginia Super Lawyers Magazine as one of the top attorneys in Virginia, and in 2008 Evan was named by Washington, DC Super Lawyers Magazine as one of the top attorneys in DC. The Super Lawyers designation is bestowed upon the top 5% of lawyers in each state as chosen by their peers and through the independent research of Law & Politics.

The Farr Law Firm helps protect individuals with special needs and their families. For those with a disabled family member, proper estate planning often dictates the use of a Third-Party Special Needs Trust. For a disabled person who inherits money, a First-Party Special Needs Trust is typically required. We also help personal injury claimants and attorneys in connection with settlements received by a disabled child or adult.

*Certified as an Elder Law Attorney by the National Elder Law Foundation and Certified as an Estate Advisor by the National Association of Financial & Estate Planning. Virginia has no procedure for approving certifying organizations.

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