How can I ensure that my child with a birth injury is cared for after I can no longer can provide care?
I recently received a phone call from a mother whose son suffered a severe birth injury. She wanted to know how she could be sure that her son would be cared for after she no longer could take care of him. This question is one which many parents will ultimately face.
Assuming that malpractice can be proven as the cause of the birth injury, the answer is pretty straightforward. First the parent must obtain a recovery. Second, the parent must have legal documents drawn up that spell out who will take care of the child and who will manage the recovered funds for the child’s benefits.
Parents can pursue claims on behalf of themselves and their child to recover a variety of damages which will ensure the child is cared for over the course of his or her life.
This article is not meant to examine all the types of damages available to parents and injured children, but focuses on the specific area of future needs of the child. As a child passes through various stages of life – infancy, young child, teenager, young adult, etc. – the child’s needs will change and differ. And, of course, every child’s needs will not be the same. Needs might include such things as surgery, medical treatment, medication, doctor’s visits, medical tests, physical therapy, assisted living, medical devices, special living facilities, and specialized education. The costs of these could be hundreds of thousands, or millions, of dollars over the course of a lifetime.
A life care planner is usually employed to assessing a child’s future needs. The planner will chart out the life of the child as he or she passes from infancy through adulthood. The planner will interview the child’s doctors, interview parents, meet with the child, speak with medical professionals, and conduct research. Finally, the planner will use this information to create a “life care plan” that lays out the types and costs of all future needs.
Once a monetary recovery is made to cover a the child’s future needs, there are numerous options available to parents to plan for their needs after they can no longer care for the child. Depending on the circumstances, sometimes a recovery is made to the parents, sometimes to the child, and sometimes to both. If the recovery is made to the child, the court will require that the funds be placed in a restricted account and that they be used only with court permission for the child’s needs. This way the funds will be safe and available when needed. Where parents recover the costs of future needs, parents will want to ensure that the funds are kept safely and securely for the child. While the parent remains capable of caring for the child, the parent will manage the use of the funds. To plan for the day when the parent may no longer be able to care for the child, a parent may wish to meet with an attorney, preferably one who has experience drafting wills, trusts, and estate plans. This attorney can draft legal documents for the parent appointing a guardian for the minor child, appointing a person to manage the child’s funds, making arrangements for the child to live in an assisted living facility (if necessary), and placing any of the parent’s fund in trust for the child. In this way, parents can have a say in who is taking care of their child and can ensure that the funds for their child’s future needs are available.
