Is there a simple document I can sign to appoint guardianship for my special needs son, in case something happens to myself and my husband?
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Is there a simple document I can sign to appoint guardianship for my special needs son, in case something happens to myself and my husband?
I am going into the hospital for some medical procedures. Chances are that I will be fine. My husband has his own medical issues. We have an 11 year old son, who has autism, and is loved by some friends of ours who are willing to raise him should my husband and I not be able to. I would like to quickly make plans, before my hospital visit to know that my son will be in good hands in case my husband and I are not able to take care of him. There is no one in our families who we want to raise our son. I realize this is part of a Will, but honestly, there is not time to draw one up.
Asked on August 12, 2011 Tennessee
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
What neeeds to be done is for you to consult with a wills and trust attorney to draw up papers for a guardianship for your special needs son over himself and any assets that he may inherit if you and your husband do not survive him. Since your son has special needs, potentially the guardianship as to assets he may inherit may extend beyond his 18th birthday (adulthood) if his cannot take care of finances.
Speak to your friends about the above suggestion. You do not want to drop a surprise upon them.
As to a conservatorship beyond his 18th birthday remains to be seen. Many special needs people can function on their own without a conservatorship. They might just need help on finances.
If you have a will, it should have a provision that any assets of you and your husband in the event you pre-decease your son will be held in trust for him with scope of the duties for administering the trust.
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