Naming a guardian for after you're gone

It's a question most families put off entirely: what happens to a dependent neurodivergent adult if something happens to the parents who've been managing their care? There is no automatic legal bypass. Without advance planning, relatives have to apply to a Local Level Committee from scratch, with no one yet legally authorised to act in the meantime.

The mechanism that closes this gap is naming a Testamentary Guardian in a Will — a specific, legally recognised nomination of who should take on guardianship responsibilities if you're no longer able to. It doesn't remove the need for the Local Level Committee process afterward, but it removes the uncertainty about who that process should appoint, which is often what causes the longest delays.

This pairs directly with broader estate planning — families with assets to leave sometimes use a Private Special Needs Trust under the Indian Trusts Act instead of leaving property directly to a dependent adult who may not be able to manage it themselves; leaving assets directly, without a trust structure, can end up freezing them rather than helping. A lawyer familiar with both the National Trust Act and estate planning is worth involving early, not after the fact.

Benefits don't automatically stop when a caregiver dies, but they don't automatically continue either — someone has to update the records quickly. Niramaya coverage stays with the person, not the caregiver, so a new guardian just needs to update details with the registered organisation or the National Trust directly. If a DSSS pension was paid through the caregiver as representative payee, the local Social Welfare Office needs the death certificate and updated bank details promptly to avoid a gap in payment.