What Happens When My Special Needs Child Turns 18
As a parent of a special needs child, you may have concerns about what will happen when your child reaches the age of 18. This milestone brings about a significant change in the legal rights and responsibilities for individuals with special needs. It is important to understand the implications of turning 18 to ensure the well-being and future of your child.
Transition to Adulthood
When your special needs child turns 18, they are considered a legal adult. This means that they gain certain rights and responsibilities that they did not have before. These rights include the ability to make decisions about their healthcare, finances, education, and more.
Medical Guardianship
Medical guardianship is an important consideration for parents of special needs children who may not have the capacity to make informed decisions about their healthcare. In some cases, a special needs child may require ongoing medical treatment and support well into adulthood.
Medical guardianship is a legal arrangement that allows a parent or another trusted individual to make medical decisions on behalf of the special needs adult. It provides peace of mind for parents, knowing that they can continue to advocate for their child's healthcare needs even after they turn 18.
The Process of Obtaining Medical Guardianship
Obtaining medical guardianship involves several steps:
- Research the laws in your state: Medical guardianship laws vary from state to state. It is crucial to familiarize yourself with the specific requirements and procedures in your jurisdiction.
- Consult with an attorney: Seek legal advice from an attorney who specializes in special needs planning and guardianship. They can guide you through the process and ensure that all necessary documents are properly prepared and filed.
- File a petition: The next step is to file a petition with the court to request medical guardianship. This usually involves submitting various forms and supporting documents, such as medical evaluations and affidavits.
- Court evaluation: The court will evaluate the petition and may conduct interviews or assessments to determine if medical guardianship is necessary and in the best interest of the special needs adult.
- Court hearing: If the court determines that medical guardianship is appropriate, a hearing will be scheduled. During the hearing, you will present your case, and the court will make a final decision.
Alternatives to Medical Guardianship
In some cases, medical guardianship may not be necessary or may not be the best solution for your special needs child. There are alternative options that you can explore:
- Power of attorney: A power of attorney allows your child to designate someone they trust to make medical decisions on their behalf. This can be a less restrictive alternative to medical guardianship.
- Supported decision-making: Supported decision-making is a process where a team of trusted individuals, including family members and professionals, help the special needs adult make decisions in their best interest.
- Advance healthcare directive: An advance healthcare directive is a legal document that outlines your child's healthcare preferences and instructions, ensuring their wishes are followed.
It is essential to carefully consider all options and consult with professionals who can provide guidance based on your individual circumstances.
Turning 18 is a significant milestone for any child, but it holds particular importance for parents of special needs children. Understanding the implications of this transition and taking appropriate legal steps, such as exploring medical guardianship, will help ensure the continued well-being and care of your special needs child as they enter adulthood.