When a child with special needs turns 18, he or she “officially” becomes an adult with the full ability to make his or her own legally binding decisions. Should family members seek Guardianship of the now-adult child with special needs? Or, are Powers of Attorney for that person’s Health Care and Property sufficient?
The advent of legal adulthood brings a new set of considerations for parents of children with special needs. The child can now make his or her own decisions regarding medical care, transition planning, finances, driving, and daily living.
These new legal rights are deeply concerning to parents; they fear their children are not adequately prepared or capable of responsibly making major (or minor) decisions. Additionally, parents worry that others will take advantage of their child’s vulnerability. Often, alongside these fears is a family’s desire to help the individual become, or remain, as independence as possible.
To support and protect their loved ones, families use legal tools such as Powers of Attorney and/or Guardianship. Let us guide you in choosing the best strategy for the new adult in your family.