Prevent your child being made a Ward of Court
Special needs parents need competent legal advice if they want to prevent their child being made a Ward of Court after they have passed away. If you don’t put your legal affairs in order then the court may intervene, especial if they believe your son or daughter is unable to manage his or her own finances.
If it is decided that your child cannot manage then they will be made a Ward of Court. A Committee will be appointed to control your child’s money on their behalf. The Committee will then take over and can decide on a range of issues such as;
- Closing all bank accounts and lodging the proceed
- Decide if your child has the ability to live independently
- Place your child in residential care
- Sell any asset or family home to provide additional money
- Make medical decision on behalf of your child
- Decide how your child’s money is distributed after your child passes away
Your child will also be prevented from marrying and must seek permission if they want to go on a foreign holiday. The Ward of Court system works very well, in particular for people with intellectual disabilities who have limited family support.
If your preference is for your family to make these key decisions for your special son or daughter then a better solution is to set up a Special Needs Trust.
A Special Needs Trust will benefit your child by:
- Allowing all entitlements & allowances to be maintained
- Ensure a trusted Carer can manage their financial affairs
- Prevents your child being made a Ward of Court
- Provides additional money to enhance your child’s life
This article has only scratched the surface of the legal issues facing you and your special child. You will need to further educate yourself on these issues before you sit down with your solicitor. To begin the educational process, check out the special needs entitlement, financial, trust and legal articles on www.financialwellbeing.ie.
Always seek the advice of a solicitor to legally draw up your special needs will and trust.
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This article was prepared by Allan Cuthbert, a Special Needs Trust Planner. If you have a Trust Planning question, feel free to email allan@financialwellbeing.ie or call 021 482 3635 to discuss your situation in private.