Guardianships For Adult Children With Disabilities
When parents of a developmentally disabled child divorce, their custody agreement provides direction on parenting time and support up until the child is 18. When the child turns 18, however, the agreement is no longer enforceable, since children are legally considered adults, even if they are not capable of taking care of themselves at that age. At this point, one or both parents need to attempt to establish legal responsibility for the adult child by filing for guardianship in probate court.
Our firm has helped numerous families continue to support their children by filing for guardianship once disabled children have come of age. We also represent those whose ex-partners attempt to use guardianship as a means of continuing past family discord. Led by Minneapolis-based estate lawyer David M. Jacobs, we act decisively to help clients throughout Minnesota ensure not only that their children are well cared for, but also that their parental relationships are upheld.
Is Your Ex Attempting To Re-Establish Guardianship Of Your Now 18-Year-Old Child Behind Your Back? Need Help Protecting Your Disabled Child’s Well-Being?
Guardianships are designed to protect the personal and financial interests of those who do not have the capacity to manage such affairs for themselves. We assist clients with a variety of situations that can arise when a disabled child transitions from legal minority to adulthood, such as:
- Defending against unnecessary guardianships or guardianships sought as a means of control by one parent or other individual
- Filing emergency guardianship petitions to protect the personal or financial interests of the child from harm
- Advising parents on the creation of a guardianship or conservatorship, taking into account the child’s individual needs, vulnerabilities, strengths and access to other benefits such as private insurance, Medicaid or Social Security
We emphasize solutions that minimize family conflict and protect the interests of the ward (the person requiring guardianship). However, we understand that sometimes tough legal action is needed to accomplish your goals. As experienced trial attorneys, we are fully prepared to defend you and your child’s interests in court should it become necessary to do so.
Planning Ahead For Key Transitions In Your Child’s Life
The transition from childhood to adulthood can be a challenge for any family, but it is especially worrisome if your child has autism, Asperger’s, Down syndrome, or any other mental or physical disability. One of the best safeguards is to plan ahead. In addition to assisting families in emergency situations, we can set up special needs trusts, supplemental needs trusts and other agreements tailored to a child’s current and anticipated needs ahead of time, thereby preventing potential conflicts.
To discuss your unique circumstances with a skilled estate lawyer, please contact us by phone or by email to schedule a consultation.