How to Get Power of Attorney When a Special Needs Child Turns Eighteen
Start locating paperwork for the appointment. The general rule of thumb is to provide the birth certificates for the caregiver or parents and the disabled child. This helps confirm that you are legitimate and eligible to file for power of attorney. Gather and review medical records.
Any power of attorney for child will include: The names, addresses, and phone numbers of the parent (s) or guardian signing the document. The names and addresses of the agent (and any alternative agent). The name and date of birth of each child covered by the document.
If your child will be living in another state, the document should comply with the legal requirements of that state. A power of attorney for child gives the designated agent the temporary authority to make decisions, but the parent still retains the same authority.
This can be accomplished with a power of attorney, giving someone you trust (called the agent or attorney-in-fact) the ability to make medical decisions and secure medical treatment for your child. When Is a Power of Attorney for a Child Needed?
If you are a parent or primary caregiver of a child with developmental disabilities, it is imperative that you file for power of attorney before the child reaches his eighteenth birthday. This assures that the family retains control of the dependent's affairs.
Don't hesitate to call their office and ask their experience in dealing with special needs children. If you feel a specific lawyer is qualified and you hire them, ask what paperwork you need to bring for your appointment.
This can happen the same day or take several weeks depending on the court's case load.
The general rule of thumb is to provide the birth certificates for the caregiver or parents and the disabled child. This helps confirm that you are legitimate and eligible to file for power of attorney.
If you are at all unsure of the meaning or consequences of signing the document, consult with an attorney to clarify everything first. The attorney will ensure that the document you sign is legally binding and that it conveys all of the powers you want it to, but nothing more. As with any document, the person that is signing and granting power of attorney must have the mental capacity to do so and must know what they are signing, or the document will not be valid.
An example would be if someone develops dementia as they age or is unconscious after having been in a car accident. If a valid power of attorney exists prior to the principal’s incapacitation, then the agent has full authority to make decisions on the principal’s behalf, to the extent they were granted in the power of attorney document.
You should definitely consider contacting a local estate planning attorney to assist in the drafting of your power of attorney. An experienced attorney at law will be able to ensure that the document is enforceable and your rights are protected.
Health Care: A health care power of attorney authorizes the agent to make medical decisions on behalf of the principal in the event that the principal is unconscious, or not mentally competent to make their own medical decisions.
A power of attorney is especially important in the event of incapacitation. Someone is considered legally incapacitated when their decision-making skills are either temporarily or permanently impaired due to injury, illness, or a disability.
If you are at all unsure of the meaning or consequences of signing the document, consult with an attorney to clarify everything first. The attorney will ensure that the document you sign is legally binding and that it conveys all of the powers you want it to, but nothing more. As with any document, the person that is signing and granting power ...
Important to note is that in order for a power of attorney to remain valid after a principal’s incapacitation, it must be a durable power of attorney. To create a durable power of attorney, specific language confirming that to be the principal’s intent must be included in the document.