Empowering Your Child With A Disability As They Turn 18

When Your Child With A Disability Is Turning 18

When a child with special needs turns 18, it can be an emotional time for parents. On the one hand, they are proud of their child for reaching this milestone and excited to see what the future holds. On the other hand, there is a sense of uncertainty about how to best support their child as they transition into adulthood. Parents need to consider legal issues such as guardianship, power of attorney, and health care decisions. They also need to think about how to ensure that their child has access to appropriate services and supports in order to live a full life.

Rights and responsibilities that apply to everyone

When a child turns 18, parents can no longer legally make decisions on behalf of their young adult, regardless of the individual’s disability, capacity to make their own decisions, or whether they still live at home. In the school setting, parents are no longer automatically invited to participate in IEP (Individualized Education Program) meetings unless the young person approves. Medical staff may require proof of guardianship or power of attorney for medical decisions.

Everyone has certain rights and responsibilities that apply to them regardless of disability. Adults have the right to vote, and it is important for those with disabilities to be able to exercise this right. If a loved one has the capacity, they can help them register and get involved in the voting process. All young men need to register with Selective Service, which brings the possibility of military service. Additionally, every adult needs a state-issued ID card or driver’s license if they don’t already have one.

For people with disabilities, there are additional rights and responsibilities that must be taken into consideration. These include the right to access public services such as transportation and education, as well as the responsibility to follow any laws or regulations that may apply specifically to those with disabilities. It is also important for those with disabilities to understand their rights under various laws such as the Americans with Disabilities Act (ADA) so that they can ensure their rights are being respected.

Decision Making When Your Child With A Disability Is Turning 18

Supported decision making:

Under this concept, people with disabilities document who will support them and what those supports will look like. This option is gaining popularity and states are increasingly recommending it as the preferred model to support young people in their transition from minor to adulthood. Executing a supported decision-making document formalizes what is likely already happening between a person with a disability and those providing support. It looks different for everyone, depending on needs, and can change as necessary without the added complication of going to court. Importantly, it demonstrates that a person with a disability has the capacity to make his or her own choices.

Guardianship/Conservatorship:

Many families apply for guardianship, which is defined as “a person or agency appointed by a court to act on behalf of an individual.” Guardianship can be full or limited to certain aspects of your loved one’s life. If full, your child essentially loses all rights, and you take over providing for their needs. Limited guardianship is defined by the courts and is unique to the individual. Often, parents mistakenly look at guardianship as an “all or nothing” decision – full guardianship or nothing at all. A limited guardianship applies to certain aspects of your loved one’s life and may be an effective option in many situations. In either case, guardianship petitions take time to work through the courts so begin exploring options early.

Power of attorney:

With a durable power of attorney, and a medical directive (Healthcare Proxy in Massachusetts) your loved one assigns decision making for certain aspects of their life ranging from informal family guidance or control of a special needs trust to representative payee arrangements for supplemental security income (SSI) or social security disability insurance (SSDI). Power of attorney arrangements look a lot like supported decision making, but with one possible pitfall. Because your loved one assigns their power of attorney, they can assign this authority to someone else, without your knowledge or the benefit of support for their decision. A power of attorney is relatively simple and inexpensive option that can leave your loved one vulnerable to individuals who may not have their best interests at heart.

Finances

When a person with a disability turns 18, the Social Security Administration (SSA) changes the criteria for determining whether they are eligible for Supplemental Security Income (SSI). The SSA now looks at the beneficiary’s own cognitive or physical impairment and how it affects their ability to do any substantial gainful activity. This can be more difficult to prove than when they were minors, but fortunately, this typically does not impact people with intellectual or developmental disabilities. The financial requirements for SSI also become easier once a child turns 18. The SSA now looks at the beneficiary’s own income and resources instead of using their parents’ finances. Since many SSI beneficiaries who received benefits as children don’t have any other sources of income and don’t own any large assets, they likely won’t have any problem qualifying financially on their own. This can make it easier for them to continue receiving SSI payments throughout their lives.

ABLE Accounts

Open an ABLE Account for your child so they can save their money and still qualify for SSI. Learn more about ABLE Accounts here.

Housing - Apply for a Section 8 Certificate with your local housing authority

Bottom Line When Your Child With A Disability Is Turning 18

Reaching adulthood can be a confusing and overwhelming time for many people. With so many decisions to make, it is important to have a trusted source of information to help guide you through the process. This could include researching online resources, consulting with professionals such as lawyers or financial advisors, or reaching out to support services in your area.

Having access to reliable information is key when making decisions that will affect your future. It is also important to consider the bottom line when making these decisions – what are the long-term implications? Will this decision be beneficial in the long run? Taking into account all of these factors can help ensure that you make the best decision for yourself and your loved ones. Consulting with professionals who are knowledgeable about your situation can provide invaluable insight and advice when making these important life choices.

Need Help?

Need Information About Special Needs Trusts?

I am Tom Sannicandro, a Special Needs Trust Attorney and I am here to help. I am the founder of a nonprofit corporation that provides quality information about resources available to families as well as providing affordable Special Needs Trusts and estate planning for families. I have over 20 years of experience helping families just like yours. Find out more information at SpecialNeedsTrustsOnline.com or click here to set up a free appointment.

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