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Becoming a guardian is a decision that should not be taken lightly as the individual who is deemed incapacitated may lose some or all civil rights, including the right to vote, drive, or marry.Laws vary by state and some states require that the guardianship order specifically addresses or takes away some rights, such as voting, or that the person retains those rights.Sample Guardianship Form Letter from Medical Home ( 17 KB)This adapted, six-page form letter provides questions and checklists for identifying functional limitations of a young adult to support the parents in seeking guardianship of their adult child.Disability Resources US Department of Labor's Disability Resources web page.Once the need for guardianship is established, a court hearing is held, in which an attorney may represent the disabled individual.

The trust money may NOT be used for food, shelter, and clothing; it can be used for items not paid for by government assistance such as medical expenses, dental work, home repair or education.If your child's disability renders him/her unable to make decisions in his or her own best interest, consider applying for guardianship when your child is approaching their 18th birthday.The parents do not automatically remain the child's natural guardian.During that period he or she will lose government benefits.To be certain that needed government assistance continues, the assets must be placed in the trust and set up correctly.

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