High School Transition Planning

At Sivia Law, we are here to assist you in planning for your child's future, including matters of guardianship and Medicaid planning. As your child reaches the age of 18, the transition from childhood to adulthood brings about a need for extensive planning and discussions regarding their housing, medical care, and support needs.


During this crucial period, we consider factors such as the need for guardianship, supportive living arrangements, educational requirements, and the development of special needs plans.


Our role is to guide you through this process and provide you with the necessary resources to plan for your child's future education, have meaningful discussions about guardianship, assess their financial needs, and review the viability of a supplemental needs trust. We are committed to ensuring that your child receives the support they need to thrive as they transition into adulthood.

When a special needs child turns 18, they legally become an adult and gain certain rights and responsibilities.


This transition can have important implications for both the child and their parents or guardians.

Key Considerations:

  • Legal Capacity

    Upon reaching the age of 18, individuals are presumed to have legal capacity, meaning they have the right to make their own decisions and enter into contracts. 


    However, for individuals with special needs who may require ongoing support, legal mechanisms can be put in place to ensure their well-being and protection.

  • Guardianship

    In some cases, parents or guardians may need to pursue guardianship or conservatorship to continue making decisions on behalf of their adult child with special needs. 


    Guardianship grants the legal authority to make decisions regarding the individual's personal, financial, and medical matters when they are unable to do so independently.

  • Healthcare Decision-Making

    Turning 18 may also affect the ability of parents or guardians to access their child's medical information or make healthcare decisions on their behalf. To ensure continued involvement, parents or guardians may need to establish legal documents such as a healthcare proxy or power of attorney.

  • Government Benefits

    Eligibility for certain government benefits, such as Supplemental Security Income (SSI) and Medicaid, may change once the individual reaches 18. 


    It is important to navigate these programs and understand any requirements or adjustments that may arise as a result of this transition.

  • Transition Planning

    Transition planning is crucial to ensure a smooth and successful transition into adulthood for individuals with special needs. 


    This includes exploring post-secondary education options, vocational training, employment opportunities, independent living arrangements, and accessing community resources and support services.

At Sivia Law, we specialize in special needs law and can provide guidance and support during this significant transition period. We can assist in navigating the legal landscape, such as establishing guardianship, developing comprehensive transition plans, accessing government benefits, and ensuring the individual's rights and well-being are protected.


It is important to consult with an experienced attorney who can provide personalized advice based on your unique circumstances. Our team is dedicated to helping families navigate the complexities of special needs law and securing a bright future for their loved ones with special needs. Please reach out to us to discuss your specific situation and learn how we can assist you during this important phase of your child's life.

Check Out Our Special Needs Planning Blog Resources:

Guardianship for Individuals with Special Needs

14 Aug, 2023
For families of individuals with special needs, planning for their future and ensuring their well-being is of utmost importance. When considering guardianship for a loved one with special needs, it becomes crucial to find the delicate balance between safeguarding their privacy and independence while also ensuring their protection and care.

5 Things to Consider When Your Child with Disabilities Turns 18

12 May, 2023
As the parent of a child with special needs, your role as a parent becomes different when your child becomes a legal adult. Although your child may have some or all the same needs for assistance from you, your legal relationship with your child changes when your child turns age 18.
Planning For Children With Special Needs

Planning For Children With Special Needs

25 Feb, 2023
Special Needs Planning is a Lifelong Event: Working to get your child assessed to qualify for support programs, fighting to get benefits and finding therapists became a full-time job, and one that led to enormous costs, even with the family’s having good health insurance.
Estate Planning Considerations For Children With Special Needs

Estate Planning Considerations For Children With Special Needs

12 Jan, 2023
If your child or grandchild has special needs, one of your greatest concerns is ensuring that the child receives essential care and support throughout their life. While your inclination may be to give the child money or other assets through an inheritance, doing so may deprive the child of the ability to receive government assistance. Fortunately, a Special Needs Trust (SNT) can provide lifelong financial benefits for the child without affecting eligibility for government programs.

What Happens To My Disabled Adult Child if I Become Incapacitated or Pass?

07 Nov, 2022
Caring for an adult child with a disability in Illinois is often challenging in the best of circumstances. Many parents worry about what might happen to their child if the parents die or are otherwise unavailable to provide care. We will discuss some Special Needs Planning suggestions to benefit both you and your child.
Benefits of Having a Special Needs Trusts

Benefits of Having a Special Needs Trust

12 Oct, 2022
To preserve a person’s right to receive public benefits, family members may create a special needs trust. Setting up this type of trust can be an important part of the estate planning process.
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