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Lifetime Support - Special Needs Planning
 "Special Needs Planning" is the term commonly used to describe an array of tools that are available to parents and others in planning for their own future and the future of a family member with special needs. One of these tools is the Power of Attorney, also referred to as a "POA."
Under New Jersey law, any court-appointed guardian of an incapacitated person may use a POA to appoint another person for a short time to act as his or her representative to make decisions relating to the incapacitated individual's care, custody or property. N.J.S.A. 3B:12-39. As such, the POA gives the appointed person the authority to "stand in" for the guardian should the guardian be unable to participate in important decisions, either because the guardian is not physically able or because the guardian is simply unavailable (i.e., away on business or pleasure). Such POAs can be effective for no longer than six (6) months and, like all POAs, cease to have any effect upon the death of the person executing them.
A guardian who has a POA in place can rest a little easier knowing that he or she has arranged for the continuity of care of his or her loved one in the event that he or she becomes unable to provide that care for a short period. Please consult with your attorney for further information on how this type of document may fit in with the rest of your Special Needs Plan.
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