I spoke earlier this week to a group on Estate Planning for families with special needs children. One important issue in planning for families with minor children or adult disabled children is choosing a guardian and conservator. A guardian is the person responsible for caring for the person and the conservator is the person responsible for the person’s assets. While they often are the same person, they need not be. As a parent, special weight will be given to the person(s) you nominate to serve as guardian and conservator. For an adult disabled child it is important to understand that upon reaching the age of majority (18 in many states) they are presumed to be capable of acting for themselves. Therefore, you may need to apply to serve as guardian and conservator when they reach the age of majority in your state if the situation warrants.

Saturday, September 22, 2012 was the 50th anniversary of a landmark article written by Eunice Kennedy Shriver in the Saturday Evening Post. The article was catalyst for change and ignited a revolution in the way we treat people with intellectual disabilities. In recognition of this anniversary I thought I would share some thoughts on planning for those with special needs.