Planning Methods To Consider Before Your Child With Special Needs Turns 18

Parents of children with special needs face many challenging situations every day. Sometimes it is difficult to think about your child’s care tomorrow, let alone in a few years. At age 18, children become legal adults, and your child may require continued care well after this milestone.

With the right planning now, you can ensure your child with special needs receives the personal care, education, financial protection, and medical assistance he or she requires. Here are four planning considerations to think about before your child turns 18.

1) Create a Letter of Intent

• Your child’s medical history, list of individual medical treatments,  family medical information, daily schedule, religious upbringing, education plans, and behavioral issues.

• Your child’s personal preferences such as food choices and allergies, morning routine, favorite clothes/toys/pets, and other valuable information that could help a future caregiver.

• Government benefits applied for, received, and recertification dates.

• Your vision of your child’s future including an ideal residential environment, possible employment opportunities, and continued religious and social affiliations.

Once prepared, sign and date this letter and share it with those to which it pertains (family members, close friends, etc.). It is recommended to discuss the details and be sure to revisit and update this letter over time. This document can also serve as the basis for special needs financial planning.

2) Housing

Consider where your child will live and what their days will consist of after they are no longer eligible for Special Education. In Illinois, special education programs for public schools end at age 22. Where will your child live and what will their meaningful day look like in 10 years? In 20 years? After you are gone?

3) Preparing to apply for Supplemental Security Income (SSI) and Medicaid.

Before your child turns 18 you should begin the process of applying for SSI and Medicaid by gathering the needed information necessary to complete these applications. It is important to note that unless the family has a very low income, the child should not apply for SSI until the first day of the calendar month after their 18th birthday.

4) Consider a Legal Guardianship or Power of Attorney.

Guardianship is a court process where a judge appoints someone to care for a person who is unable to care for themself. The guardian must file annual reports with the court and request permission to spend the child’s assets in some situations. If the child with special needs has the legal capacity to understand, he or she can appoint a Power of Attorney to handle financial, medical and personal concerns without court intervention.

A Power of Attorney allows the person with special needs to retain more control over their life; however, they are less protected from themselves and others. Choosing the best planning tool will depend on your child’s specific situation and needs.

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