When creating your estate plan, it is essential to plan what will happen with your special needs adult child, and one option you have is naming a guardian.
IN.gov explains a guardian will be the person who cares for your child after your death. This person agrees to be responsible for the well-being of your child and should provide care similar to what you do now.
Rights of guardians
Whoever you name as a guardian will have the ability and right to make decisions for your child and manage his or her finances. You can limit the powers of the person when creating the guardianship. You can control the amount of authority the person has and his or her ability to make independent decisions. You can also make guidelines that limit the guardian so that he or she allows your child to be as independent as possible. Keep in mind that a guardian will have serious responsibility so you must choose someone you trust and who you feel will look out properly for your child.
Changing guardianship
After your death, an arrangement you put into place may not work out, and if this happens, then your family may choose to modify or terminate the guardianship. They can petition the court and explain their concerns about the arrangement. This does offer an extra level of protection if you worry about what will happen when you are no longer here to protect your child. Your child also has the right to request modification or termination of the agreement if he or she is mentally competent to do so. The ultimate decision is up to the court because only the court can terminate or change the guardianship.
