Downsides to the Estate Planning option
The estate planning option assumes that the adult with developmental disabilities is fully capable of making an informed decision to grant some of their decision making rights to someone else.
As a result, the adult with developmental disabilities has the ability to take back these decision making rights at any time. Because of this, it is extremely important to choose the correct option at this point.
If the adult with developmental disabilities just needs some decision making help and is aware of their limitations, the estate planning option is a great fit. But it should not be used in an effort to keep the process simple for someone that does not meet this requirement.
As a result, the adult with developmental disabilities has the ability to take back these decision making rights at any time. Because of this, it is extremely important to choose the correct option at this point.
If the adult with developmental disabilities just needs some decision making help and is aware of their limitations, the estate planning option is a great fit. But it should not be used in an effort to keep the process simple for someone that does not meet this requirement.
Making the decision
Based on the options and requirements explained in this section, do you feel like the adult with developmental disabilities is able to make their desires known and can understand and sign the estate planning documents?
Not sure? There is one other option
Generally the estate planning and guardian advocate options are the best fit for your situation. However, there could be unique circumstances that may make the more restrictive guardianship process a better fit.
We encourage you to talk to a lawyer about this alternative if you have any questions or concerns. You can get legal assistance from our county resources page.
We encourage you to talk to a lawyer about this alternative if you have any questions or concerns. You can get legal assistance from our county resources page.
