Guardianship and special needs trusts
Helping a family member who needs help deciding
Guardianship is a court order that lets one adult make decisions for another. It is a serious step, so we begin with gentler ones and use it when nothing else will do.
A special needs trust is a different tool: it lets a family leave money for a disabled child or sibling without costing them the benefits they rely on.
Where we can help
Guardianship and conservatorship petitions
Gentler options first, such as powers of attorney
Special needs trusts for a child, sibling or parent
A letter of intent for the next caregiver
Annual court reports for guardians
Who calls
Three families we hear from
The adult child
Mom is declining, the bank will not talk to you, and nobody signed anything while she could.
The parent of a grown child
You want your son or daughter cared for, and their benefits protected, long after you can do it yourself.
The sibling or spouse
Someone you love needs help deciding, and you want to know what the court will ask of you.
Good to know
Questions about guardianship
Is guardianship the same as a power of attorney?
No. A power of attorney is chosen by the person while they can still decide. Guardianship is ordered by a court after they cannot, and the court keeps watching.
Will a special needs trust affect benefits?
It is built so it should not, when it is set up and used the right way. The rules are strict, so we go through them before anything is signed.
How long does a guardianship take?
It depends on the court and on whether the family agrees. We tell you what the steps are and where the waiting is before we file anything.