The future of a child with a disability weighs heavily on the minds of their parents.
Particularly when it comes to ensuring a child has the appropriate level of care after they’re gone. The care of children and their future education is a vital consideration for any parent, after all.
And while navigating this space can feel like an isolating experience, the fact is that these parents are by no means alone. In fact, parents across the country are facing questions around how to best set up a support system for their child after they pass.
Brydens Lawyers is one of the largest and leading law firms in NSW, providing legal advice and representation for parents in this situation for over 40 years. The firm’s principal Lee Hagipantelis is passionate about variety and helping kids in need, saying the firm helps clients when they need it most.
“All parents only want the best for their children, and we understand that considering how to ensure the best care for a child with a disability after you’ve passed can be a difficult matter. I find that parents often try and consume as much information as they can to ensure they’re across the legal entitlements their children have to continuing welfare ” Lee says.
A common question is around the process of appointing a guardian and how legally binding that decision will be. While it’s a relatively simple procedure to appoint a guardian, it may not be legally binding because people can challenge your decision, he says.
How accumulated assets are dispersed and used to adequately support your child – particularly if they have special medical needs – should also be legally documented, Lee says.
“Your assets may need to be provided for in a different way down the track due to changes in your child’s needs. Whether or not loved ones can make these decisions for your children and ensuring someone has the capacity to act as trustee should also be considered,” he says.
Leaving the family home to a child with a disability isn’t wise if they’re unable to adequately care for and live unassisted in the home. Meanwhile, the process of appointing a trustee in that instance can be an onerous process that needs careful planning.”
Succession planning is another important consideration for parents, he says.
“It’s imperative that parents consider all scenarios and put their wishes in writing in a legally binding Will to ensure their child receives the best possible care in the absence of a parent,” he says.
Brydens Lawyers will give free legal advice to parents of children with a disability through Variety – the children’s charity at an event being held this month in Sydney. Attendees will be able to submit their own questions anonymously.
Solicitors from the firm along with the Variety Kids Support team will be available after the presentation for further questions.
The next FREE information evening be held on 27 March 6.30pm-8.30pm.
Experts from Brydens lawyers will cover topics such as:
- What is a Will and what happens if there isn’t one?
- Appointing a guardian
- Appointing a trustee and their role
- Succession planning
- Bequests to children
- Education and care of children with a disability
- Medical treatment decisions for children with a disability
Where: Wattle Room, Blacktown Workers Club, 55 Campbell St Blacktown.
The venue is fully accessible, with accessible toilets available next to the Wattle Room. There will be light refreshments for all guests.Free parking is available in the multi storey carpark across the road from the venue. There is also accessible parking available. There will be light refreshments available for all guests.
CLICK HERE to register for the event.
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