Estate Planning Qualification

​There are two options to help adults with developmental disabilities if they can make some independent decisions for themselves. 

Estate Planning Process

The first option is to have a lawyer create two simple estate planning documents (a durable power of attorney and health care surrogate designation) that your adult child with developmental disabilities can sign.  This allows them to designate specific decision making rights to a parent or person they trust.  The health care surrogate documents also allow them to make their wishes known for how they would like to have certain medical situations handled if they ever arise. 

Guardianship Process

​The second option is to fill out paperwork to open a guardianship case in your county.  This allows you to put a request in to have the court appoint you a guardian for the adult with developmental disabilities.  In this scenario the court will assess the situation and grant decision making abilities only in the specific areas that are needed. 

Next: Which option is the right one?

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