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The legal guardian of an adult under the Incompetent Persons Act also
has control of the “estate” of the adult. There may be few assets at first
but, when the surviving parent dies, it is not uncommon that funds are
left for the care of the child, sometimes (hopefully) in discretionary
trusts and in some cases, in the form of homes or properties, that are
designated for the care and continued living of the adult child with an
intellectual disability. In these circumstances, guardians play a crucial
role in administering the “estates” of their charges, to ensure that the
beneficiaries who have an intellectual disability, are receiving the extra
care and amenities for which their parents provided.