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Generating an Estate Plan as the guardian of an adult with a disability

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As the COVID-19 pandemic is already damaging the nation, we get a lot more concerned about our life aspects, especially for having an estate plan. It is all clear that even the young and healthy are at risk. Look, this is obvious that tomorrow is always less certain than the present moment; therefore, having a plan can secure your future. If you are the guardian of an adult with a disability, this is perfectly true. After all, when it concerns adults with disabilities, it will get to be three times more than adults without disabilities. Later on, they can develop heart disease, stroke, diabetes, cancer, or even death than adults without disabilities. Therefore, such underlying medical conditions have an individual at high risk of COVID-19 related complications. With being the guardian of a person with a disability, it would be your responsibility to ensure that they know these complications.

Financial power of attorney:

In this process, your loved one would be granted a third party authority to care for the financial or property matters. They won’t lose any rights, and you would gain the capability to help them in administering the money. When you get to consult the estate planning attorney, you and your loved one should be capable of deciding the breadth of power that is granted.

Advance injunctions for health care:

Like the financial power of attorney, advanced healthcare permits a person to appoint someone to make decisions on their behalf if they are unable to do so. The only difference is the concern of medical care. It is the most appealing option as it won’t deprive the personal autonomy of your loved one.

Will:

A Will permits the individual to transfer the ownership of the assets over to themselves. You can easily prepare your will by consulting the will attorney. If you don’t have a lawyer, you can contact the will attorney to make your will. As more than one person might be designated for this role, a will is the best option for assisting a loved one with any disability.

Relying on the legal guardianship:

It is not the first option to jump on; you must consider it your last option. If every other planning gets fail, then the legal guardianship in which it is easy to take financial and medical decisions on the individual’s behalf. But, in some instances, it turns out to be the only option. Whatever the case, whether the individual for whom you care cannot take in the information, make an informed decision, and communicate the decision. This can be considered as the best route.

When you are highly in need of an estate planning attorney, it would be helpful to approach them and decide whether legal guardianship is the right avenue for the specific case.

Feeling the high need of an attorney in the current time? Contact the Elder Law Center of Wisconsin and deal with the best predictability.


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Generating an Estate Plan as the guardian of an adult with a disability

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Updated on November 06, 2020

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