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Guardianship for Special Needs Children: Legal Considerations

BY: Law Offices of Andrew Cohen | January 9, 2024

Welcome to the Law Offices of Andrew Cohen’s blog, where we strive to provide valuable insights into various legal matters. In today’s post, we delve into a crucial aspect of family law – guardianship for special needs children. If you’re in Santa Clarita seeking guidance on this topic, you’ve come to the right place.

Guardianship is a legal arrangement where an individual is appointed to make decisions on behalf of someone unable to do so independently. The considerations for special needs children are unique and require careful attention to ensure their well-being and future are adequately protected.

Legal Considerations for Guardianship of Special Needs Children

Importance of a Comprehensive Estate Plan: Begin with a qualified Santa Clarita probate lawyer to establish a thorough estate plan that addresses your child’s needs. Clearly outline your wishes regarding medical care, education, and financial support in case of incapacity or passing.

Choosing the Right Guardian: Carefully select a guardian willing and capable of providing the necessary care and support for your special needs child. Discuss the responsibilities and expectations with potential guardians and ensure they understand the unique requirements associated with caring for a child with special needs.

Special Needs Trusts: Explore the option of establishing a special needs trust to secure your child’s financial future. A special needs trust can protect your child’s eligibility for government benefits while providing supplemental funds for additional care and services.

Government Benefits and Programs: Work with a knowledgeable probate lawyer to navigate the complexities of government benefits and programs available for special needs children in Santa Clarita. Ensure that your child’s eligibility for benefits is not compromised by establishing a trust or other legal arrangements.

Regularly Review and Update Legal Documents: Life circumstances change, and it’s crucial to periodically review and update legal documents such as wills, trusts, and guardianship designations. Ensure that your legal arrangements accurately reflect your child’s needs and circumstances.


Guardianship for special needs children involves intricate legal considerations, and it’s essential to approach this matter with care and precision. At the Law Offices of Andrew Cohen, we understand the unique challenges families face, and our experienced Santa Clarita probate lawyers are here to guide you through the process. For personalized assistance tailored to your specific situation, contact us today. Your child’s well-being is our priority.

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