Special Needs Planning & Guardianship

Special Needs Planning

Caring for a person with special needs brings many challenges. Whether they were born with a disability or acquired it later in life because of a catastrophic event, those with disabilities or special needs require specific planning and care.

Families of a disabled individual face unique estate and long term care planning challenges. Whether he or she is a minor child, adult child, sibling, parent, or relative; families looking to plan for their continued care and support their loved ones have to delicately balance their own estate and long term care goals with the needs of the loved one in their care. While a family’s love and care can never be replaced, making sure a plan is in place will give a family peace of mind.


Guardianship is utilized when an individual becomes incapacitated without any other advance directive.  When a person can no longer care for themselves, make or communicate decisions for his or her own health, well-being or property that are safe or sound the Court is empowered to appoint a guardian.  However, this is a highly-complicated process that the Court’s scrutinize closely as it is potentially depriving the incapacitated person of his or her rights.

A guardian may have broad reaching powers necessary to care for their ward’s person and property and as a fiduciary have strict reporting requirements to the Court.

At Vella Carbone, we can help your family through the process of appointing a guardian or assist you with complying with the laws governing your guardianship appointment. Additionally, we can assist you in securing or maximizing government benefits and preserving the assets of the person with special needs so that they can live a more full life.  Finally, we can help you to establish trusts to ensure that the person in your care will be taken care for the entirety of their lives and have access to their assets to ensure their continued comfort.