If you find yourself in a situation where you know your child with special needs cannot execute a power of attorney upon reaching the age of eighteen, there’s an alternative you need to consider – it’s called a continuing tutorship.
In simple terms, a continuing tutorship is a legal process in Louisiana where a judge looks into whether your special needs child, once they hit eighteen, will be able to take care of themselves and manage their affairs.
If the court agrees that your child needs ongoing support, they can stay under your authority indefinitely, even after they turn eighteen. In a way, they’ll still be treated like a minor, even though they’ve technically become an adult.
To be eligible for a continuing tutorship, your child needs to meet a few criteria:
- be above the age of fifteen
- exhibit intellectual functioning of less than two-thirds compared to individuals of the same age with average intellectual functioning*
- obtain the approval of the local coroner
*Evidence of the child’s limited functioning is typically found in school IEPs or medical records.
The good thing about continuing tutorship is that it’s often simpler and more cost-effective than the other option, an interdiction. But heed this warning – there’s a specific timeframe during which you can start the continuing tutorship process.
Don’t miss your window of opportunity! Act promptly to initiate the process and secure the protection you need. Reach out to us today for expert guidance and ensure a smoother legal journey ahead. Call us at (504) 831-2348. Our offices are conveniently located in Metairie and Covington. In addition, our experienced and caring staff is happy to help you with all of your estate planning needs. Learn more about our team and how Morrison Law Group PLC can assist you with various aspects of your future planning.