Estate Planning

You indicated that the adult child with developmental disabilities is capable of making their wishes known, and can understand and sign the estate planning documents.  

This is the best option in most cases as it provides flexibility and civil rights protections for the adult child with developmental disabilities (but please consult a lawyer if you are unsure).  Next is a brief overview of the two estate planning documents.

When can the estate planning process be started?

The adult with developmental disabilities must be 18 years old before the estate planning process can be started.  This is the age where a person can legally enter into a contract.  ​

What is a durable power of attorney?

  • This is a legal document that allows the adult with developmental disabilities (referred to as the principal) to give certain decision making rights to another person (referred to as the agent) on their behalf. 
 
  • The rights given to the agent can be "general" and cover almost any area, or "limited" and cover only specific areas where the principal has issues and needs assistance.
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  • The durable power of attorney allows the principal to give decision making rights to the agent in a wide range of areas.  
 
  • The durable power of attorney remains active regardless of how long it has been in place, and does not stop working even if the principal becomes incapacitated.  This makes it a great solution as it does not need to be renewed, and the agent can still act to make important decisions even if something happens to the principal.
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  • The durable power of attorney can be taken back by the principal at any time if their wishes change.  This must be done in writing.  This provides flexibility as the principal can easily change things as needed if their situation improves over time.

Next: What is a Health Care Surrogate Designation?