What Happens When Your Child With Special Needs Turns 18?

When your child is below the age of 18, as their guardian, you can make a majority of decisions for their benefit. However, when your child turns 18, they are legally considered to be an adult. Once this happens, you can no longer control what and how decisions are made. In most instances, you can't even get information related to those decisions. For almost all parents, this is something they must come to terms with.

Guardians must just stand by and watch as their children leave home and begin their adult lives. But what if you have a child who has special needs? That child may need assistance making financial or medical decisions: What happens to them? How are you able to continue to care for them if needed? 

A financial power of attorney gives someone the authority picked by your child to make financial decisions for them if they are unconscious, too ill to be able to make the decisions themselves, or otherwise unavailable to do so. Without this important document, you could end up having to go to court to be granted authorization to handle your child’s financial affairs. Although your child may opt for you to act on their behalf, they are still able to make their own decisions so long as they continue to have the ability to do so. 

A medical power of attorney grants your child the ability to name a reliable agent who can make medical decisions for them if they are unable to make them for themselves or are unable to convey their wishes to health care providers. This person is obligated, to the greatest degree possible, to make the decisions your child would have made had they been able to convey those wishes. As long as your child is able to make and convey their own medical decisions, they are allowed to do so. You would be asked to step in, only in the event that they are unable to make or convey their wishes themselves. 

While both of these documents help you in the long run in allowing you to continue providing for your child once they turn 18, your child has to have the specified mental capacity to complete the documents. The exact specifications for determining capacity are different in each state. It is vital to note that your child’s inability to physically sign the documents does not automatically disqualify them from being able to put the documents into place. 

Even though your child may be able to make some decisions for themselves today, if they have a degenerative condition, you want to act quickly to have these documents prepared. As mentioned previously, these documents are meant to aid your child when they are unable to make decisions for themselves. Your child will still maintain the right and the autonomy to make their own decisions until they can no longer do so. 

If Your Child Cannot Execute the Necessary Documents 

If decisions have to be made on your child’s behalf, and your child no longer has the mental capacity to complete a financial or medical power of attorney, the court will need to get involved. This public process can take a while a to complete as well as be expensive. 

Through court proceedings to establish guardianship and 

conservatorship, you will need to ask the court to grant you the jurisdiction to make the decisions on your child’s behalf. The specific name of the roles for which you may be seeking appointment vary by state, but generally the guardian (sometimes referred to as guardian of the person or conservator of the person) is an individual who is certified to make the basic life decisions for your child. These decisions may include things such as where your child lives and what type of medical treatment they will receive. The conservator (sometimes referred to as guardian of the estate, guardian of the property, or conservator of the estate) is the person who is certified to make financial decisions on for your child.

Different than an agent under a financial or medical power of attorney, if you are appointed as a guardian or conservator, you have the authority to make all of the decisions and your child is unable to make any decisions for themselves. For some disabled children whose ability to make decisions may be extremely difficult, this may not be a problem, for others however, this approach may be too severe.

In some states, you may have the option to seek a limited or partial guardianship or conservatorship. Which means that you can only make decisions that are detailed by a court order. For all other matters, your child keeps the right to make his or her own decisions. Ultimately, the main point of the court is to support the independence of the child. 

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