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Special Needs Guardianships

Special Needs Guardianship Lawyers in Wilmington, Delaware

If you are the parent of a special needs child, there are some very important legal steps you need to consider as your child approaches his or her 18th birthday. You have always made the best possible choices for your child, but when he or she becomes an adult, the law will prohibit you from making some of those decisions unless you establish a special needs guardianship. At Carucci Butler, LLC, we are equipped to help you with all of the necessary documents and legal steps so you can continue to provide the care and life management your child needs.

Contact us for cost-effective counsel and representation for special needs guardianships.

Is Your Special Needs Child Turning 18?

At Carucci Butler, LLC, we help parents with all aspects of special needs guardianships. We understand the special legal needs facing parents of children who have disabilities such as:

  • Down's Syndrome
  • Cerebral palsy
  • Autism
  • Asperger's Syndrome
  • Mentally challenged and special needs children

A special needs guardianship establishes a fiduciary relationship between parent and child. This guardianship allows parents of special needs children to continue making decisions for the child with regard to:

  • Healthcare
  • Finances
  • Employment
  • Residence
  • Driving

As experienced guardianship lawyers, we can help you with every step of the process, from drafting a petition to resolving guardianship disputes. Special needs guardianships require regular reporting to the court on a yearly basis. We can provide you ongoing legal assistance to help you remain in compliance with the various guardianship laws, Court rules, banking and other regulations.

Attorneys Who Know the Process

Our attorneys are familiar with the guardianship process from beginning to end. We will discuss your options with you, including whether a full or partial guardianship is needed. Many people are unaware that a full guardianship includes two separate and distinct parts: guardianship of the person and guardianship of the property. Guardianship of the person enables you, as guardian, to make decisions regarding the health and physical/mental welfare of the disabled person. Guardianship of the property enables you, as guardian, to manage the disabled person's assets, debts and finances. A full guardianship includes both.

Once you and your attorney determine the best course of action, we will help you assemble the necessary information and documentation, draft your guardianship petition, meet with the special needs person's doctor to obtain a physician's affidavit attesting to the need for a guardianship, handle communications with the Court, and appear at your hearing to obtain the guardianship order.

Even after the guardianship is granted, we keep careful track of your future obligations, and help you draft the annual accountings and other documents that must be submitted to the Court on a regular schedule. You have enough to worry about helping your loved one. Don't undertake these administrative burdens alone. Call us today to get a skilled attorney on your side, helping you meet your deadlines and properly care for your disabled or special needs family member.

Resolving Special Needs Guardianships Disputes

Not all guardianships are routine matters. In some cases, disagreements will arise over the terms of a guardianship, or even the need for one. An autistic adult or other special needs adult may feel he or she does not require a full guardianship. In every guardianship proceeding, the Court appoints an independent attorney to act as an Attorney Ad Litem. The Ad Litem represents the disabled or special needs person. If that person does not want a guardian, and seems able to make such a determination and otherwise care for him- or herself, the Ad Litem may need to argue against the guardianship petition. In such a case, you as the Petitioner don't want to be left alone to defend your belief that a guardianship is necessary.

At Carucci Butler, LLC, we regularly serve as court-appointed Attorneys Ad Litem, representing special needs individuals in guardianship proceedings. We have a broad perspective on the issues involved with these cases, and our experience on both sides (both representing Petitioners and representing disabled and special needs persons) better provides us with the ability to manage any situation that may arise in your case. This perspective allows us to identify commonsense solutions to disagreements and to resolve them efficiently and effectively, in order to give you the best chance of achieving your goals.

Contact a Knowledgeable Guardianship Attorney

If your special needs child is turning 18, we are here to help you with all of the necessary legal steps. Contact us today online or by phone at 302.353.1750. We will be glad to discuss your case and determine how you can most effectively protect and care for your loved one.