What are the options?

So how do you start preparing for when your child will turn 18 and become a legal adult?

This is an area we really had a hard time wading through. Most of my special needs mom friends weren't very forthcoming with guidance or wisdom they wanted to share with me so I began hanging out with my BFF Google. LOL! I did a ton of research and I wanted to share this new found wisdom with you, my new friends. 

So let's start with what the options are first. Then I'll break each down individually.

Guardianship

POA 

Family Guidance

Assisted or Supportive Living Services

Special Needs Trust

Financial Representative


Ok the biggie is Guardianship. 

What is it? How does it work? When should we start the process? Is it expensive? 

Hold on, hold on I promise we will answer all those questions. Guardianship is a legal process where someone asks the court to find the disabled adult unable to manage their own affairs because of their disability and so, in turn, needs this person to manage their care and all decisions that will need to be made. This is a long and costly process because it is taking all rights away from that individual from then on. This is only recommended in the most serious cases of disability. The process should be started well before the child's 18th birthday since it takes awhile to complete. 


POA – That stands for Power of Attorney

This is a legal proceeding wherein the young adult may need a little extra help. The young adult will continue to have the say and decision making abilities but may have the person named on the POA to be present at doctor appointments or able to handle finances or insurance issues or wherever needed. This is easily obtained through a special needs lawyer and is much more cost effective than a guardianship.


Family Guidance is where a trusted family member is available to offer advice and guidance as needed. You must be careful here because if the special needs adult is easily influenced they could be taken advantage of and cause a serious situation.


Assisted or Supported Living Services – this would be for the special needs adult who may only need help in an area or two like transportation or cooking. You could have an aid come in to help with those areas as needed, use community resources through local MH/IDD agencies or if your loved one needs day time care as you work you could look into an adult daycare or facility. 


Special Needs Trust - A special needs trust is a trust tailored to a person with special needs that is designed to manage assets for that person's benefit while not compromising access to important government benefits.  This is very important! Often times we do not think of how monetary income of any size can affect their benefits. This is another one that I really recommend a good special needs lawyer to guide you through so you don't leave anything unchecked. 


Financial Representative – This is a designated person who would help the special needs adult with handling and managing their finances and all that entails. This representative could either be listed on your son/daughter's bank accounts as a payee or have their name added onto the account. 


So there you have the different options available to you as you and your loved ones look ahead into the future and what the next steps may be. We have enough to worry about every day so if I can help alleviate some of that worry by giving you the information you need to make the necessary decisions then I will feel grateful that I went thru all those hours of research and headaches! LOL!

I really recommend finding a good Special Needs Lawyer who can come beside you and guide you to the best options for your family. 

I'm sure you're wondering which avenue did we choose? I would be...but maybe that's just me! We went with the POA for both of our 18 year olds. When we began talking to lawyers we thought we'd be doing a guardianship. After the research, I just wasn't sure between the guardianship and the POA which one would be the best for us. This is where a great lawyer, familiar with special needs, can be a Godsend! We found a gem who is also a special needs dad and he helped us find the best solution for our family.  I'm so glad to have that off my plate! 

Let me know if you have any comments or questions and I will do my best to answer them in an upcoming post. Don't forget friends to look for the joy in the journey!


Lisađź’•


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