Checklist: Should You Consider a Legal Conservatorship for Your Child with Special Needs?

As a young adult with special needs approaches age 18, his or her parents will need to decide whether to pursue a legal Conservatorship with the California courts for the right to manage the child’s personal and medical affairs.  

If a Conservatorship is ultimately granted, the child will lose his or her personal autonomy and the ability to make independent decisions. For the majority of adults with special needs, this is a non-issue, as they depend on their parents to oversee every aspect of their day-to-day affairs and personal well-being.

However, there are situations when a young adult with special needs is high-functioning and capable of living a semi-independent life.  In such cases, the parents will need to evaluate whether a legal Conservatorship is appropriate. 

To determine if you should pursue a legal Conservatorship for your child once he or she turns 18, answer “yes” or “no” to the following questions: 

• Can the child communicate his or her needs clearly and accurately to others?
• Does the child have the ability to live independently, including the ability to perform chores, safely operate household appliances, and follow a schedule?
• Could the child independently make medical decisions regarding his or her care?
• Can the child properly administer his or her medications and does he or she understand dosing?
• Does the child have the capacity to give medical consent?
• Is the child aware of dangers to his or her personal safety?
• Can the child safely prepare meals?
• Does the child have the capacity to enter into a romantic relationship or marriage?
• Can the child independently maintain personal hygiene?
• Does the child have the capacity to safely own weapons?
• Is the child able to drive or does he or she have the ability to learn to drive?
• Does the child understand the consequences of entering into a contract?
• Is the child able to make wise decisions about discretionary purchases? 

If you answered “no” to any of the above questions, it may be in your family’s best interest to learn about the steps necessary to file for a legal Conservatorship so that you can retain the right to make decisions and manage your child’s affairs once he or she turns 18. At Copenbarger and Copenbarger, LLP, we focus on Special Needs Planning and helping parents prepare for the future. If you’d like to schedule an appointment to discuss your options for becoming your child’s legal conservator, please contact us at (800) 244-8814 to schedule an appointment. 

If you have any further questions about asset protection planning and strategies to shield your wealth, or if you’d like to have your current asset protection plan reviewed to make sure it still meets your needs, please contact us at our California asset protection office at 800-244-8814 to set up a consultation.