A person with a disability is generally one who is incapable of managing his or her affairs. The court appointment of a Guardian may be necessary to help that person navigate the issues or problems they face. At times, that appointment is contested and would occur only after a court hearing that would allow all interested parties to have their say as to who should be appointed.
A person with a disability, who does not need a Guardian, nevertheless may need to remain eligible for government benefits. The creation of a Special Needs Trust is a way to protect eligibility, while at the same time allowing the person with a disability to enjoy life as fully as possible.
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