INDUSTRY INSIGHT
A
s a parent of a special
needs child, you have
likely made all of the
financial and medical decisions
for your child during the
school-age years. Many parents,
unfortunately, assume they will
continue in the same fashion
after their child turns 18 years
old. However, that is simply
not the case. Parents often do
not realize that they will need
special court authority to make
decisions for their disabled child
after the child turns 18. Once
children reach the age of 18,
regardless of any disability they
may have, they automatically
become a legally competent
adult in the eyes of the law.
You, as a parent of a disabled
adult child, have no power to
make financial, educational, and
medical decisions for him/her.
You cannot even discuss your
adult children’s medical needs
with their physicians thanks to
the Health Insurance Portability
and Accountability Act (HIPAA).
“Capacity” is something we
take for granted. Capacity is a
person’s ability to make and
communicate decisions about
his/her day-to-day needs and
physical health and safety. While
the majority of adults have
capacity, a special needs child
may not. In those cases where
an adult does not have capacity,
a guardianship is required.
A guardian is a
court-appointed decision
maker. Guardianship is the legal
process by which a guardian
is appointed. If your child has
limited ability to make decisions
or to communicate, you will
have to go to court to obtain
a guardianship. In the process,
you will have to show that your
special needs child is legally
incapacitated and unable to
make decisions alone. You must
show that your child still needs
you to act for him/her, despite
turning 18 years old.
In Pennsylvania, guardianship
is a complex legal process,
GUARDIANSHIP
SPONSORED CONTENT
PROTECTING
YOUR SPECIAL
NEEDS CHILD
www.mcmorrowlaw.com
Guardianships
Estate Planning
Special Needs Trusts
Divorce/Custody
Collaborative Law/
Mediation
This Industry Insight was written by
Brooke McMorrow, Esquire of McMorrow
Law, LLC.
FREE CONSULTATIONS
McMorrow Law
10475 Perry Hwy., Suite 204, Wexford, PA 15090
(724) 940-0100
Protecting Your Family and Your Future
which includes filing petitions,
presenting evidence and
testimony to the court, and
proving that the individual in
question is incapacitated and
does need a guardian. Our
firm can guide you through
this process and help you
obtain guardianship of your
adult special needs child. We
recommend that you start the
guardianship process as soon
as possible, preferably before
your child turns 18. If you
start to prepare in advance,
the process can move quickly
once your child reaches legal
adulthood. Depending on the
court’s schedule, you can obtain
a guardianship in a little over a
month.
Our firm regularly helps
families with adult special
needs children obtain the legal
decision-making authority
they need. Attorney Brooke
McMorrow appreciates that
protecting your special needs
adult child is a top priority.
She knows the ins and outs of
what the courts require and
handles each case diligently and
expeditiously to achieve the
desired result. For those with
concerns about maintaining
governmental benefits for their
child, she also assists families
with estate planning and special
needs trusts.
Our firm strives to make those
challenges just a little bit easier
so you can get back to what’s
really important – caring for
your child.
Attorney Brooke McMorrow is the
founding member of McMorrow
Law, LLC located in Wexford,
Pennsylvania. McMorrow Law focuses on
guardianships, estate planning, probate
and estate administration, family law,
adoption, mediation and collaborative
law. Attorney McMorrow is licensed
to practice in Pennsylvania and New
York. For a free initial consultation call
724.940.0100 or visit our website at
www.mcmorrowlaw.com.
www.mcmorrowlaw.com
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