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Transition Planning

Transition Planning. The plan should be flexible and evolve over time. An attorney specializing in this field, a financial planner and a care manager are an asset when planning for transition into adulthood for an individual with disabilities Three legal pillars in a transition plan:

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Transition Planning

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  1. Transition Planning The plan should be flexible and evolve over time. An attorney specializing in this field, a financial planner and a care manager are an asset when planning for transition into adulthood for an individual with disabilities Three legal pillars in a transition plan: Public Benefits Special Needs Planning to protect those public benefits Legal Authority

  2. Why consider Guardianship? • At age 18 an individual is considered his/her own legal person • At age 18 all healthcare and financial decisions for the individual can only be carried out by him/herself • There is no presumption of incapacity

  3. What is Guardianship? • The legal authority to make certain and specific decisions for an incapacitated adult • Only a court of law can determine : • Whether an individual is incapacitated (and to what extent) • Whether a guardian should be named • Who should be named as guardian

  4. Is Guardianship right for our family? • Review the individual’s needs, strengths, weaknesses and risks • Let us look at the pros and cons: • Can be expensive and complex • Public process (except medical information) • Protects the individual from possible neglect and abuse • Allows parents to continue to advocate for their child with schools and other public benefit agencies

  5. Alternatives to Guardianship • Health Care Proxies • governs healthcare and gives agent authority to act on the part of the principal (only in response to a physician’s request) • Powers of Attorney • governs financial decisions and gives agent the authority to act on the part of the principal • Other agency appointments

  6. Have Questions?Ask! Annette M. Hines, Esq. ahines@specialneeds-law.com - (508) 861-3453 20 Speen Street, Suite 101 Framingham, Massachusetts 01701

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