John W. Callanan Law Office
269 Hardenburgh Road
Pine Bush, NY 12566
ph: (845) 744-5934
fax: (845) 744-6448
johnc
GUARDIANSHIP
Legally designating a guardian for your children isessential for their wellbeing. Without doing so, a Court will decide who will raise your children, should
something happen to you and your spouse.
While many of us purchase life insurance to protect our family, fewer than one in four parents have legally designated their children's Guardian. Your children
need and deserve this protection.
Don't leave it to a Court to decide who the legal guardian for your children would be. Protect your children's welfare by appoint- ing a guardian now. As a parent of a child with special needs, you are probably very involved in the medical care, education, and personal issues of your special child. But, when your child reaches the age of 18 years, you will no longer have the decision -making rights you are accustomed to having; you do not automatically continue to be your child’s guardian. The law presumes that all adults are competent to make decisions, unless proven otherwise, regardless of whether or not they have a disability. Therefore, in order for you to continue to have parental authority after your child reaches 18 years of age, you must file for "guardianship. There are two types of guardianships Article 17-A and 81. To see which type works for your specific needs, you will need to come in for an appointment. | |
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A Guardian is...
Designating a legal guardian is our opportunity to state who we would want to raise our children, should anything happen to us. Our choice of guardian, expressed in a Will, leaves no doubt as to our wishes and is legally binding. Failure to name a guardian in a Will leaves this decision to the court. Importantly, there is no guarantee as to who the court would select. Indeed, the court could appoint someone we never would have considered designating as our children's guardian.
The court's decision also could cause dissension among our surviving family members. If they disagree as to whether the decision reflects what our wishes might have been, this could lead to even more disruption for our children when they are especially vulnerable and most in need of support and care. It is times such as this when family unity and stability are most critical.
Appointing a guardian is a vital step every responsible parent should undertake to help safeguard his or her children's future welfare.
Designating a legal guardian is our opportunity to state who we would want to raise our children, should anything happen to us. Our choice of guardian, expressed in a Will, leaves no doubt as to our wishes and is legally binding. Failure to name a guardian in a Will leaves this decision to the court. Importantly, there is no guarantee as to who the court would select. Indeed, the court could appoint someone we never would have considered designating as our children's guardian.
The court's decision also could cause dissension among our surviving family members. If they disagree as to whether the decision reflects what our wishes might have been, this could lead to even more disruption for our children when they are especially vulnerable and most in need of support and care. It is times such as this when family unity and stability are most critical.
Appointing a guardian is a vital step every responsible parent should undertake to help safeguard his or her children's future welfare.
269 Hardenburgh Road
Pine Bush, NY 12566
ph: (845) 744-5934
fax: (845) 744-6448
johnc
