When a child attains the age of 18, he or she is viewed as an adult in the eyes of the law. This means that your authority as a parent terminates. For most families, this milestone means a child is leaving the nest, gaining independence, and possibly headed off to college. For families with special needs children however, this marks a time where a child may be considered an adult by the law, but who is not ready to be on their own.
While every new adult should have an Advanced Health Care Directive (see this article), for special needs persons an Advanced Health Care Directive and Power of Attorney become even more important. If a special needs person is able to sign documents, these two forms can provide the legal cover needed for a parent to continue to help manage that child’s finances and assist with medical decisions. In some cases, an Advance Directive for Health Care and a Power of Attorney can negate the need for a guardianship.
For special needs persons who are not able to sign documents, a guardianship and conservatorship may be necessary. As the parent of a special needs child, you want to be sure you are able to discuss their medical needs and treatments with their doctor and that you are able to work with financial institutions on their behalf (including working with the Social Security Administration).
As the parent of a special needs child who is becoming an adult, it is important to update your own estate plan. While parents of minors generally no longer need guardianship provisions in their estate plans, continuing to have such provisions is vital for the parents of a special needs person. Additionally, making provisions for that child’s inheritance through either a third-party special needs trust or a pooled trust can assure your child is taken care of financially for their life without losing government benefits. Previous articles have discussed the differences between various special needs trusts, read about them here.
If you have a special needs child that is an adult or that you expect to continue supporting after he or she attains majority, Grissom Law can help you create a plan that assure you and your family is well cared for.
Disclaimer
This Blog/Web Site is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide legal advice. By using this blog site you understand that there is no attorney-client relationship between you and Grissom Law, LLC.