October is Special Needs Planning Month: What Happens When a Loved One With Special Needs Turns 18?
When a Loved One with Special Needs Turns 18: What Families Need to Know
October is Special Needs Planning Month, making it an important time to focus on planning for the future of loved ones with special needs. One important milestone families should prepare for is when their loved one with special needs turns 18 years of age.
When a young person with special needs turns 18 in New York, they legally become an adult. This can change how parents provide support, access information, and assist with financial and health care decisions. Families preparing for this milestone should consider whether a Power of Attorney, Health Care Proxy, guardianship, or special needs trust are appropriate. Planning ahead can help families understand their options and protect their loved ones’ interests.
What Changes When a Person with Special Needs Turns 18 in New York?
In New York, the law considers every individual an adult at age 18. This means that regardless of a loved one’s abilities and level of independence, parents automatically lose the legal right to access medical records, talk to doctors, and manage financial accounts on behalf of their child.
For families of individuals with special needs, this transition makes it especially important to consider what legal authority or support may be needed as a loved one moves into adulthood.
What Legal Documents Can Help When a Special Needs Child Turns 18?
If a loved one has the capacity to understand and sign these documents, a Power of Attorney (POA) and Health Care Proxy can be important parts of their estate and disability plan.
A Power of Attorney allows an individual to designate a trusted person to assist with financial and legal matters. Depending on the individual’s circumstances, this may include accessing bank accounts, signing legal documents, and communicating with financial institutions.
A Health Care Proxy allows the individual to designate someone they trust to make health care decisions on their behalf if they become unable to make health care decisions for him or herself. It authorizes the designated agent to communicate with healthcare providers and advocate for the individual’s wishes during a medical emergency.
These documents can allow families to provide support while respecting their loved ones’ abilities and independence.
When Might an Article 17-A Guardianship Be Considered?
In some situations, a loved one may not have the legal capacity to understand and sign a Power of Attorney or Health Care Proxy. When this is the case, a guardianship proceeding may be an option for families to consider.
An Article 17-A guardianship proceeding is a court-supervised process that may give another person legal authority to make certain decisions on behalf of an adult who is unable to make healthcare, financial or legal decisions independently. Guardianship proceedings can be an involved court matter, so it is important for families to understand their options to determine what type of support is appropriate for their loved ones’ circumstances.
Protecting Government Benefits with a Special Needs Trust
Families with loved ones with special needs should also consider how an inheritance or other assets could affect eligibility for means-tested government benefits such as Medicaid and Social Security Supplemental Security Income (SSI).
A properly established Special Needs Trust may allow assets to be held in trust for the benefit of an individual with special needs, while preserving eligibility for certain government benefits.
This can be particularly important when considering leaving an inheritance to a loved one with special needs. Planning ahead can help families provide financial support without unintentionally jeopardizing important government benefits.
Planning for the Transition to Adulthood
As we recognize Special Needs Planning Month this October, it is a good time for families to consider whether their current plan will continue to meet their family’s needs as their loved one with special needs transitions into adulthood. Depending on the individual’s circumstances, planning may involve a Power of Attorney, Health Care Proxy, Special Needs Trust, or other legal planning tools.
At Makofsky Valente Law Group, P.C., we help families navigate the legal and planning issues that can arise as a loved one with special needs transitions into adulthood. Our attorneys can help families understand their options and develop a plan that considers their loved one’s needs, abilities, wishes, and long-term goals.
Every family’s circumstances are different. If you have questions about planning for a loved one with special needs, please call or email us to learn more about how we may be able to help.
