El Monte Legal Guardianship allows parents or others who are close to a special needs loved one to ensure that the individual is cared for appropriately after reaching adulthood. Legally, all people are allowed to make their own decisions when they reach the age of 18 and are no longer considered minors. Their parents can no longer make decisions for them and may no longer have access to medical or financial information for the individual. This can make it very difficult for El Monte special needs individuals who cannot make decisions in one or more areas of their lives due to mental disability.
Helping El Monte Parents with Legal Guardianships for Children with Special Needs
With El Monte legal guardianships, special needs individuals will have a trustee over them to make decisions in key areas of their lives. Depending on the needs, the trustee may be over all areas or over just one or two, such as living needs or financial needs.
Of course, the best time to begin working on an El Monte legal guardianship is well before the special needs child turns 18. Once the child is 18, it can be incredibly difficult to set up a guardianship because the child is legally allowed to make his or her own decisions. By starting the process within the year before the child turns 18, it can be easier for parents to make decisions about the process themselves.
Every guardianship must have a trustee or occasionally a dual trustee if both parents want to act as trustees. In many families, the parents do agree to be guardians. However, this may not be the case for every El Monte special needs family. Some parents may not be able or willing to serve as trustees. In these cases, another close family member is typically looked for to serve as trustee. In other cases, a close friend becomes a trustee. When the family can find no one willing to serve as trustee or when there is no family to speak of, the California judge can set up a disinterested third party of the state to serve as trustee. This may be an individual, or it may be a foundation depending on the needs.