Maroney Law Blog

Wednesday, April 20, 2011

Guardianship for Your Minor or Special Needs Child: The Human Factors

 In this Blog we will step outside of our legal counsel role and into the human aspects of selecting a Guardian for your minor child and/or special needs child.

It is critical that when you select a Guardian for your child, you have a very honest and open discussion with the person or persons that you are considering. Many people automatically believe that if something happened to them, a certain family member or friend would without hesitation or regret, take on this critical role in the life of their child. The fact is, however, sometimes those family members or friends may actually be reluctant or unable to take on such an important role.
Prior to selecting a Guardian and naming him or her in your legal documents, we suggest that you have an honest and open discussion about the fact that you would like them to accept this role.  Ask them to truthfully consider whether they would be ready, willing, and able to do this.  Also explain to them up front that it is okay to say they cannot, will not, and/or simply do not want to be selected for this awesome responsibility.  They may have great love and affection for you and your child, but simply cannot accept this responsibility, due to circumstances and/or challenges that they are facing in their own lives.
If you have a special needs child, the considerations are expanded exponentially.  In this case, we actually suggest that you prepare a lengthy written document setting forth anything and everything that you do on a daily basis with respect to your special needs child. We further suggest, if possible, you prepare a day in the life video.   You need to also think of everything that impacts your special needs child, such as certain music, books, songs, foods, and special places that benefit your child positively and/or that have a negative impact on your child.  This information will not only help the person whom you are asking to accept the role of Guardian to make the decision but will be critical if in fact something happens to you and your chosen Guardian suddenly finds themselves the full-time caretaker of your special needs child.
Here at Maroney Associates, we do not simply prepare elder, estate and special needs planning documents. We get to know our clients and raise these very critical issues, both legal and human, so as to assist our clients in making the best decisions possible.
Please contact us if you would like to further discuss decisions regarding Guardians for your minor and/or special needs child.

Based in Melville and Garden City, New York, the attorneys at the Law Offices of Maroney Associates, PLLC assist clients throughout Nassau County, Suffolk County, Queens, and the cities of Mineola, Hempstead, New Hyde Park, Franklin Square, Williston Park, Queens Village, Melville, Huntington, Farmingdale, Patchogue and Uniondale, NY.

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| Phone: 866-994-2025
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| Phone: 866-994-2025

Elder Law | Estate Planning for High Net Worth Individuals | Estate Planning | Business Succession Planning | Probate / Estate Administration | Planning for Children | Special Needs Planning | Guardianships | Real Estate | En Español

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