What is what to do when your disabled child turns 18?

Turning 18 is a significant milestone for everyone, but it brings unique considerations when you have a disabled child. Here's a breakdown of essential steps and information:

• Guardianship and/or Conservatorship: At 18, your child is legally an adult, regardless of their disability. If they lack the capacity to make their own decisions, you may need to pursue guardianship (decisions about personal care) and/or conservatorship (decisions about finances). This involves a court process to determine their capacity and appoint a guardian or conservator. Alternatives like supported decision-making should also be explored.

• Supplemental Security Income (SSI): If your child receives SSI based on your income, this may change when they turn 18. Social Security will evaluate their eligibility based solely on their income and resources. Make sure to understand the requirements and be prepared for a potential redetermination.

• Social Security Disability Insurance (SSDI): If a parent is retired, disabled, or deceased and collecting Social Security, your child may be eligible for SSDI benefits based on their parent's record. The disability must have begun before age 22 ("child's" benefits).

• Special Needs Trust: If you haven't already, consider establishing a special needs trust. This allows your child to have assets without affecting their eligibility for needs-based government benefits like SSI and Medicaid.

• Medicaid: Ensure your child's Medicaid coverage remains in place. Understand the eligibility requirements in your state and any potential changes or renewals needed.

• ABLE Accounts: An ABLE (Achieving a Better Life Experience) account is a tax-advantaged savings account for individuals with disabilities. It allows them to save money without jeopardizing their eligibility for certain benefits.

• Healthcare Proxy and Power of Attorney: Even if you don't pursue guardianship, consider having your child execute a healthcare proxy (allowing you to make medical decisions if they can't) and a durable power of attorney (allowing you to manage their finances). These documents require the individual to have the capacity to understand and sign them.

• Housing: Start planning for your child's future housing needs. Explore options like group homes, supported living, independent living with assistance, or remaining in your home. Consider the costs and availability of resources.

• Adult Disability Services: Research and apply for adult disability services in your state. This could include vocational rehabilitation, day programs, job training, and other support services.

• Register to Vote: If your child has the capacity to understand and participate in the voting process, assist them in registering to vote.

• Legal Advice: Consult with an attorney specializing in special needs planning to ensure you're taking the necessary legal steps to protect your child's future.

• Financial Planning: Seek advice from a financial planner knowledgeable about special needs planning to develop a comprehensive financial plan for your child's long-term care.

Remember, every situation is unique. This information is a general guide. Seek personalized advice from professionals to address your specific circumstances.