Which option is the right one
- If the adult with developmental disabilities is capable of making an informed decision to sign the two estate planning documents and grant certain decision making rights, this is generally the path we recommend taking.
- The estate planning option provides the most flexibility for the adult with developmental disabilities. This allows them to explicitly make their wishes known regarding who they want to grant decision making ability to, and how they would like to be treated if certain medical situations come up.
- The content of the estate planning documents have to directly reflect the wishes of the adult with developmental disabilities that is signing them. The estate planning option is only appropriate if the adult with developmental disabilities is capable of making an informed decision regarding their wishes and the content of those documents. If this is not the case, then the guardianship solution should be chosen instead.