You can only sign legal documents while you still have the mental capacity to do so. Should you become incapacitated and don’t have a Durable Power of Attorney, someone (most likely your spouse or closest relatives) will have to petition the court to open a Guardianship case (called Conservatorship in some states), so they could be officially appointed as your guardians and be able to manage affairs on your behalf. Needless to say, it could be time-consuming and expensive.

Do I need Guardianship for my Special Needs Child?

Your child is a Special Needs Child. As a parent you are the child’s natural guardian, and can make all decisions regarding the child. However, you would not have access or control to your child’s assets if they were a gift from a family member or received as proceeds from a lawsuit. You will need to petition the court to become a Guardian of your child’s property.

Also, when your child becomes an adult (18 years old in Maryland, Virginia and the District of Columbia), you lose your natural guardian rights to make healthcare and other life decisions for your child. In order to regain these rights, you must commence a guardianship proceeding. To avoid losing your authority, you should contact a Guardianship attorney in your state to begin a guardianship proceeding at least four months prior to your child’s 18th birthday.