By Misty A. Watson
One of the most difficult decisions parents face when completing their estate plan is who should serve as guardian for their minor children. Here are a few common discussions regarding choosing a guardian:
- “I do not want to upset my parents, siblings, etc., but I want to appoint my best friend.”
- I recommend that parents choose someone to serve as guardian for their children that shares their values and is going to raise the children similarly to how they would raise them. Now is not the time to worry about whether feelings may be hurt. This is a very personal decision and family members may not always be appropriate to serve as guardian.
- “I want my sister/brother/aunt to be appointed guardian.”
- Each parent usually has a preference for his/her own family member. While an attorney can point out pros and cons to the parents, he or she will not take a side. While each parent can appoint different guardians for their children, this is not recommended as it will just lead to court battles. Parents should discuss and come to a consensus on who they want to appoint prior to meeting with the attorney.
- “We want to appoint my sister and brother-in-law as guardians.”
- Appointing co-guardians may be difficult. If your sister and brother-in-law get divorced, do you want your brother-in-law to have custody rights?
- Do you want to have to amend your documents if your sister and brother-in-law divorce?
- Typically, appointing your sister as the guardian is the better option to prevent unnecessary amendments to estate planning documents.
- “I don’t want my ex-spouse to have custody of our kids in the event I die.”
- Unfortunately, a surviving noncustodial parent has the right to take custody of the children unless he or she is unfit or unwilling to act. Typically your Last Will and Testament will acknowledge the rights of the other parent and appoint backup guardians for this case.
- “How many people should we appoint as backup guardians?”
- Two or three backups should be appointed. Typically you do not want only one person appointed as guardian with no backup appointed.
Keep in mind that your Last Will and Testament only expresses your wishes to the court regarding who should serve as your child’s guardian. The appointed person must otherwise qualify. A history of involvement in the child welfare system, felony convictions, or a drug or alcohol abuse history may prevent your appointed guardian from serving.
While the decision of who to appoint can be difficult, it is important that you name someone to serve as guardian in order to prevent prolonged litigation in the event of a tragedy.
Posted by Attorney Misty A. Watson. Watson’s practice focus is estate-related: planning, administration, and probate. She creates trusts, wills, financial, and health care powers of attorney, guardianships, and conservatorships.
02/3/12 12:45 PM
Estate Planning, Family Law, Special Needs | Comment (0) |
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Choosing a Guardian for Your Children
By Misty A. Watson
Information and strategies abound regarding techniques that should be implemented by parents of a child with special needs to advocate for the child’s education rights, therapies, and treatments. Building a network of resources and support is vital to becoming a parent advocate.
A great tool is available from the Advocacy Group Autism Speaks. They have put together a 100 day kit to help families with a new diagnosis of autism.
Parents also must quickly learn how to navigate the complicated educational laws governing children with special needs. Wrightslaw and other disability advocacy websites offer families a plethora of information regarding the Individuals with Disabilities Education Act (IDEA 2004) and a child’s right to a Free Appropriate Public Education (FAPE).
Blogs, twitter accounts, and other online information can also be useful tools for families, so long as information from such sources is carefully verified. Local support groups can provide families with powerful network of allies and confidantes.
Attorneys, financial advisors, and accountants are also important components of the team. Information regarding special needs trusts, Medicaid rules, investing for the future of your child, and guardianship decisions should be obtained. Finding professionals who focus their practices in special needs is important to building a long term strategy for the family. Often these professionals may know about resources that families have not yet explored.
Becoming an advocate for your child with special needs can feel like a never ending battle; however, with a good team of professionals and a support network of family and friends, the information overload can be lightened.
Posted by Attorney Misty A. Watson. Watson’s practice focus is estate-related: planning, administration, and probate. She creates trusts, wills, financial, and health care powers of attorney, guardianships, and conservatorships.
10/12/11 2:49 PM
Estate Planning, Special Needs, Trusts | Comments Off |
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Being an advocate for your child with special needs
By Misty A. Watson
The Illinois Suburban Journal has posted a great article on “Unique first day pressures face kids with special needs.”
Changes in routine can be upsetting for any child with special needs, especially a child with autism.
Prior to the first day of school, if you have a child with special needs, it’s probably a good idea to communicate with the school to set up a time for you and your child to meet the new teacher and see the classroom. The teacher should spend enough time with you and your child to walk through what the new routine will be this school year.
Spending time establishing a relationship with your child’s teacher will help you, your child, and the teacher understand better how to ease your child into that first day of school. If your child’s teacher learns about your child’s special triggers and sensitivities before the first day of school, it can make the transition much better. It can also help the teacher help prepare better for your child if special preparation needs to be made, such as extra visual charts for the class schedule, as suggested in the Journal article.
Once school is underway, your child’s special services will begin. When your special needs child attends public school and is receiving special educational services, the school is required to provide your child with an individualized education plan (IEP). An IEP must be updated yearly to ensure that a child is receiving the necessary services to achieve that child’s goals. It will be important to educate yourself about the IEP process and what can and should be included in your child’s plan.
When you have a child with special needs, you will have to continue to advocate for your child throughout his or her educational process. At times, it will feel like a never ending battle with the school to ensure that your child is receiving necessary services.
But in the end, it is up to you to stay on top of your child’s educational process. Consult the experts, attend seminars your school district provides, and be your child’s educational advocate.
Posted by Attorney Misty A. Watson. Watson’s practice focus is estate-related: planning, administration, and probate. She creates trusts, wills, financial, and health care powers of attorney, guardianships, and conservatorships.
08/12/11 1:03 PM
Special Needs, Trusts | Comments Off |
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Back to School Time for Children with Special Needs
By Thomas G. Glick
I know a lot of parents think about the summer being time off from school; however, many of the cases I take related to kids in school are best addressed now. This includes special education cases related to Individual Education Plans (IEP’s), but more importantly, kids that are going to start a new school that require guardianship in order to attend that new school in the fall.
The process of obtaining uncontested guardianship is not terribly expensive or difficult with an experienced attorney. However, it does have many steps including a home study and waiting for the appropriate monthly docket from the court. I always like to warn parents or guardians as soon as possible that the appropriate time to think about a guardianship for a child is as early as possible so we can be sure it is in place for the start of school in the fall. Most schools will require guardianship in order for a student to attend the public school of a non-parent.
It is also important for obtaining health insurance and other benefits for the child from a non-parent’s employer. The best time to start work on that is at the beginning of the summer. Often times by mid-July it becomes difficult to get a home study completed, record checks completed, and a court date set before the school year begins. Now is the time to start doing that.
05/24/11 2:08 PM
Special Needs | Comments Off |
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School’s Over – Time to Think About Fall
By Misty A. Watson
CNN released an article today titled “‘Eye on the door’: Life with autism wandering” about children with autism who tend to wander off. Whether you are in public or at home, the thought of your child wandering off can be terrifying for any parent. Parents of a child with any diagnosis that causes the child to have more of a tendency to attempt to escape parental supervision should take extra precautions. Here are a few ideas from the article:
- Make sure you have your child fingerprinted by your local law enforcement agency. Often the police department will have kits parents can obtain to fingerprint and list other vital information.
- Contact your local law enforcement agency and see if they have a registration program. Many municipalities are instituting programs for the elderly with dementia or Alzhemeir’s in the event they are found but cannot remember where they live. See if the municipality has a similar program or advocate for the implementation of such a program in your neighborhood.
- Educate your neighbors regarding your child’s diagnosis and tendency to run away. Let them know where you live and how to contact you in the event that see your child unsupervised.
- Be aware of dangers in your neighborhood. If the child has a strong interest in water, such as the child in the article, make sure you know who has swimming pools in the neighborhood and whether those pools have fences. If moving to a new neighborhood, make sure to check the code requirements for swimming pools and know whether the neighborhood required a proper fence.
- Install alarms on your windows and doors that alert you if a door is opened.
- Finally, GPS tracking devices are now sold in bracelet and necklace form. For a child that will tolerate wearing one, these can be an excellent device to locate a wandering child.
Whatever steps you take to secure your child from escaping parental supervision, make sure you educate yourself about the resources in the community and be aware of the potential dangers in your neighborhood.
04/11/11 2:01 PM
Family Law, Special Needs | Comments Off |
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Special Needs Kids: Autism Elopement
By Misty A. Watson
A care plan is written information about how to best care for your child’s health needs. A care plan may include specific medication your child takes and the time they take it, particular foods your child should avoid, how often your child gets physical therapy, or what to do for your child in an emergency. For families with children who have special needs, a care plan can convey vital information to caretakers. This may include doctors, nurses, therapists, emergency medics, teachers, child care providers, respite providers, grandparents, friends, and neighbors.
In the event you are no longer able to care for your child and a legal guardian must step in, the information in the Care Plan can be invaluable to the guardian. Information regarding medications, specialists, and even night time routines can give the guardian necessary information to provide a sense of comfort during a difficult time for the child. I encourage you to check out a sample Care Plan for your child we have prepared for your convenience.
10/28/10 6:00 AM
Estate Planning, Special Needs | Comments Off |
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The Importance of Care Plans & Beyond
By Thomas G. Glick
Most people don’t realize that in Missouri Probate Courts have jurisdiction to involuntary commitment of people who are mentally ill. These can be initiated by the police, by doctors or by the friends and family of the person with a mental illness.
Locking up a person who hasn’t committed any crimes is a pretty extreme measure but this provision is for people who are so sick that they represent a threat to themselves or others. My associate Misty Watson and I recently wrote an article [download PDF] aimed at other lawyers on the subject. The relevant lengths of time may also be helpful to non-lawyers as well.
07/1/09 8:02 AM
Estate Planning, Family Law, Probate, Special Needs, Trusts | Comments Off |
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Helping a Family Member with Mental Illness
