In some - but by no means all - cases, persons with special needs may not be able to properly manage their own affairs. They may also not have the capacity to appoint a substitute decision maker. Once they are no longer minors - and therefore no longer under the protective authority of their parents, a guardian must be obtained and empowered to make personal and property decisions on their behalves. Guardianships are granted by the courts. Because they remove rights from the affected individual, they require a formal protective process, including a carefully prepared petition and court hearing.
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For information about Special Needs Planning please click here.