When you’ve taken the step to set up an adult guardianship for a child with special needs, you’re planning for their care and well-being long into the future. But what happens if the successor guardian you’ve chosen passes away? It’s a difficult question, but one that Tampa special needs lawyers can help you navigate.
Successor Guardians and Contingency Planning
Choosing a successor guardian is a significant decision, and Tampa special needs lawyers understand the importance of having a plan in place for every eventuality. The passing of a successor guardian is an event that, while we hope never occurs, must be planned for.
The Next Steps When a Successor Guardian Passes Away
In the unfortunate circumstance that a successor guardian can no longer serve, the contingency plan set forth in the original guardianship arrangements comes into play. If additional successor guardians are named, the responsibility would pass in accordance with the guardianship documents.
No Named Successor Guardian
If no further successor is named, or if the guardianship plan did not account for this situation, Tampa special needs lawyers can assist the family in petitioning the court to appoint a new guardian. This process involves:
– Reviewing the guardianship documents to understand the full scope of the original plan.
– Identifying and evaluating potential new guardians who can assume the role.
– Filing a petition with the court to appoint a new guardian and providing evidence that this appointment is in the best interest of the individual with special needs.
The Importance of a Comprehensive Guardianship Plan
This scenario underscores the necessity of a comprehensive guardianship plan that contemplates multiple successor guardians or provides clear guidance on how a new guardian should be selected. Tampa special needs lawyers can create a plan that includes detailed instructions and criteria for choosing a successor guardian, reducing uncertainty in such situations.
Getting Help
It’s a heartbreaking thought, but planning for the loss of a successor guardian is a critical component of responsible guardianship planning. If you’re in Tampa and facing this complex situation, or if you want to ensure your guardianship plan is robust, reach out to our Tampa special needs lawyers at (813) 438-8503. We’re here to provide the legal support and guidance you need to ensure the continued care and protection of your loved one.