Social Security Disability and Guardianship

A parent of a child with a disability can face challenging issues when that child becomes an adult. This is especially true for children with intellectual disabilities and for children who are not competent to make important decisions.

A guardianship can help with these challenges. A guardianship is a legal tool that provides the guardian with authority and responsibility to make decisions on another person’s behalf. This can be very useful for a parent concerned about their child’s ability to make decisions, even as an adult.

For example, a guardianship will allow a guardian parent to file for Social Security disability benefits for his or her disabled adult child (who would be known as the ward). A guardianship also allows the guardian to make decisions about the ward’s medical care, as well as decisions about finances and personal affairs. These are important considerations for a person who is applying for or receiving Social Security disability benefits.

A guardianship is not always necessary, though. Sometimes Social Security disability benefits can be managed by a representative payee instead of a guardian. Other times, a durable power of attorney may be enough. An attorney familiar with Social Security disability law and guardianship law can help sort out what is most appropriate.

There are different types of legal tools available to help a disabled child transition into adulthood. A guardianship is one of these legal tools. It is crucial to talk with an experienced disability lawyer to discuss your family’s important life planning options.

BurnettDriskill, Attorneys welcomes the opportunity to speak with you and your family about these challenging issues. To learn more about guardianship and Social Security disability, call 816.844.3401. Our office is centrally located in North Kansas City, convenient to residents of both Missouri and Kansas.