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How to deal with the after-effects of a loved one’s catastrophic accident

On Behalf of | Mar 31, 2021 | Guardianships & Conservatorships |

You have always been a responsible person. You and your spouse did all your estate-planning when your children were small and updated matters accordingly over the years when necessary.

But something completely unexpected occurred that set your carefully laid estate plans in flux. One of your unmarried adult children was left with severe brain damage after a swimming accident.  There was no claim for damage or lawsuit to provide funds for their care, meaning that they are dependent upon you and the state of Colorado for the care they need to survive.

You are devastated, of course, at this turn of events. All the dreams you had for your child are broken and now you just want them to have the best possible quality of life for their remaining days. What can you do?

A guardianship is a good choice

You can petition the court to be appointed your adult child’s guardian to oversee their medical care and other physical needs. You can then determine whether your loved one would be better off living in a facility or in your home, with assists from hired caregivers if necessary.

But they may also need to be conserved

Here in Colorado, the same individual cannot serve as both a guardian and conservator of an individual. A conservator is responsible for overseeing the financial affairs of the protected person and matters related to their estate.

More changes are needed to your estate plan

In addition to pursuing a protective proceeding with the court to arrange for both a guardianship and a conservatorship for your incapacitated child, you will likely need to restructure your estate plan to adequately cover their current and future needs.

Your Arapahoe County estate planning attorney can help you get all your ducks in line to best protect your injured child both now and in the future.