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Tag: adulthood

  • Transition to Adulthood: What Happens Legally When My Child Turns 18?

    Transition to Adulthood: What Happens Legally When My Child Turns 18?

    Soon after the challenges of puberty and the excitement of high school, an even larger milestone looms: the 18thbirthday. It marks your child’s transition from childhood to adulthood, and with it new responsibilities and rights. From a legal standpoint, this milestone also brings significant changes that every parent should be aware of. 

    In the eyes of the law, an individual is considered a legal adult at the age of 18. This means that your child gains certain rights and privileges, including the ability to enter into contracts, vote, buy property, and make medical decisions for themselves. While this newfound independence is a crucial part of growing up, it can also pose challenges for parents, especially when adult children need their parents’ help or need someone to make decisions on their behalf.

    In this blog post, we’ll explore what happens legally when your child turns 18, what it means for your ability to make legal, financial, and healthcare decisions on their behalf, and what tools you’ll need for a smooth transition to adulthood.

    How The Law Changes Your Role As A Parent

    On the day your child turns 18, your ability to make legal, financial, and healthcare decisions for them essentially disappears in a blink. To give you a sense of how impactful this can be, if your now 18-year old or older child is hospitalized and unable to communicate their wishes, healthcare providers won’t even legally be able to share your child’s medical information with you. Similarly, financial institutions won’t permit you to access your child’s accounts or make financial decisions on their behalf without their consent – or unless you’re a co-owner of their accounts.

    This shift in decision-making authority can feel unsettling and can be particularly challenging if your child is still financially dependent on you, is in a medical emergency, or requires assistance in managing their affairs due to a disability. Thankfully, there are legal tools that can help parents and young adults navigate these new challenges.

    Have Their Back With Powers of Attorney

    A power of attorney is a legal tool that allows your child to designate the person they choose to make legal or healthcare decisions on their behalf. There are two common types of powers of attorney that can be valuable in this situation: a general durable power of attorney and a power of attorney for healthcare.  

    A general durable power of attorney allows your child to appoint someone to manage their financial affairs in the event they become incapacitated or if they just want help managing their finances. With this in place, you can continue to assist your child with financial matters, even after they turn 18.

    The important thing to remember however is that not every financial institution will honor a power of attorney, so while every adult should have this legal tool, it’s important to check with your specific institution and possibly set up your child’s accounts in a different way to ensure you have immediate access to them if needed. We’d be happy to discuss which options are best for you and your adult child.

    A power of attorney for healthcare grants someone the authority to make medical decisions on your child’s behalf if they’re unable to do so, such as medication and treatment options, nutritional needs, and life-support measures. This is crucial to ensure that your child receives the care they want, even if they cannot communicate their preferences.

    Only your child can put these measures in place, but encouraging them to create these legal documents is a proactive step in maintaining your ability to assist them when they need it most. 

    Stay Informed With a HIPAA Waiver

    The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that protects the privacy of individuals’ medical records. Once your child turns 18, their medical information is protected under HIPAA, and healthcare providers are prohibited from disclosing it to anyone without the patient’s explicit consent – parents and family members included.

    To maintain access to your child’s medical information, they must complete a HIPAA waiver. This document permits healthcare providers to share medical information with individuals specified in the waiver, such as parents or trusted family members. 

    Having a HIPAA waiver in place can be invaluable during medical emergencies when swift access to medical records is critical. It can also be a valuable tool for young adults who may simply appreciate a parent’s ability to speak to their doctors when they aren’t feeling well or are overwhelmed with the demands of work, college, or both.

    Support Their Journey Into Adulthood Through Open Communication

    Transitioning to adulthood is a significant step for both parents and children. While legal documents such as powers of attorney and a HIPAA waiver are essential, it’s equally important to have open and honest conversations with your child about their wishes and the responsibilities that come with adulthood.

    Discuss their healthcare preferences, financial decisions, and their expectations from you as a parent. Encourage them to consider creating these legal documents not only for your peace of mind but also for their own protection.

    We invite you to reach out to our firm at any time, but if you have a teen who is approaching adulthood, reach out to us right away to ensure your child has the legal support and protection they need no matter what adulthood brings. 

    If you aren’t sure how to talk with your adult child about these legal tools, we can help you start the conversation from a place of love, compassion, and collaboration.

    Schedule a complimentary call today to get started.

    This article is a service of Jeannette Marsala, Personal Family Lawyer. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Life & Legacy Planning Session, during which you’ll get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life and Legacy Planning Session and mention this article to find out how to get this $750 session at no charge.

  • Transition to Adulthood: What Happens When My Child with Special Needs Turns 18?

    Transition to Adulthood: What Happens When My Child with Special Needs Turns 18?

    Soon after the challenges of puberty and the creation of a new high school Individualized Education Program, an even larger milestone looms: the 18th birthday.  If you’ve begun wondering what happens when your teen with special needs becomes an adult, read on to find out what to expect.

    The best news is that you’ll continue to employ the same skills you’ve been using for years – just in a slightly different context.

    Let’s jump right into the details of how you can apply your lifetime of caregiving skills in the transition to adulthood. 

    1 | Learn About Post-High School Education Options

    Hints of what lies ahead are probably already cropping up all around you – perhaps in IEP meetings. The first step in the transition to adulthood is to simply listen for an explanation of the ongoing educational opportunities your child is entitled to pursue after they turn 18. 

    Individuals with disabilities can continue attending high school until age 22, but universities and other providers like vocational rehabilitation (“voc rehab”) offer a growing number of college programs geared for young adults with special needs. Some are day programs only, while others are residential – more like the traditional college experience. Either way, your child can receive additional support and programs tailored to meet his or her needs. 

    Your child’s high school may also offer driver’s training, but if not, specialized programs offered by private providers permit your teen to practice driving skills in a safe environment. Medi-Cal waiver or grant programs may fund this life-enhancing education.

    2 | Explore Careers and Supports 

    Vocational rehabilitation (“voc rehab”) usually enters the IEP conversation by high school, if not earlier. It starts as a class your child attends to explore potential jobs and learn skills necessary for every employee. 

    After a few weeks of classroom instruction, the class begins visiting potential employers who appreciate the reliability and work ethic that individuals with disabilities bring to the workplace. Short rotations through various jobs help each teen identify the types of employment that do – and do NOT – work for them.

    At age 18, your young adult with a disability becomes a household of one for Social Security and Medi-Cal purposes. Most then receive Supplemental Security Income (SSI) of up to $941 per month – and our firm can help you learn how to effectively maximize this benefit.

    Individuals receiving SSI usually qualify for Medi-Cal as well. In addition to providing health insurance, this opens up more opportunities for job discovery and coaching, community integration, transportation, day services, and even respite and residential care. All of these support services can contribute to your family’s well-being, but successful employment through job coaching brings immense pride and a critical sense of belonging in the wider community for many adults with special needs. 

    And as always, listen to your child and observe. What activities bring your child exceptional joy? A teen who loves movies may thrive as a theater usher. A young artist may create and market their wares online and at craft and resource fairs. The best career for anyone may be tied to a beloved hobby, and Medi-Cal waiver and grant programs play a vital role.

    3 | Find the Best Supported Decision-Making Process for Your Child

    At least one critical decision awaits parents of teens with special needs, and that is whether to pursue supported decision-making or a conservatorship or guardianship for their child. The answer for most may be both!

    In a conservatorship or guardianship, certain rights and responsibilities that come with adulthood are removed from a vulnerable individual and transferred to another person, often one or both parents. Courts don’t take removal of rights lightly, nor do most parents. A medical report from a psychologist or physician documenting its necessity will be needed. However, for many individuals with intellectual disabilities, this protection is a critical step in mitigating their vulnerability.

    For individuals who have the capacity to sign legal documents, a supported decision-making process can suffice. First, your young adult will name agents under powers of attorney to assist as needed in managing financial and medical affairs. Next, our firm can help you and your teen identify the specific process and types of support most helpful in guiding their decisions. 

    With or without a conservatorship or guardianship, supported decision-making processes can and should be utilized to help individuals exercise their autonomy to the greatest extent possible – within necessary safeguards.

    4 | Keep Advocating for Your Child – and All Individuals with Special Needs

    Your days as an advocate for your child in IEP meetings and in your community have prepared you to address challenges that can arise while supporting an adult with special needs. Your child may be waitlisted for a critical Medi-Cal waiver program, or your local government may need encouragement to participate in federal grants that could enhance your child’s life. Whatever situation may arise, your experienced voice can make a difference in your child’s life and the lives of so many others.

    We suggest making contact with at least one state or national disability coalition such as the ARC of the United States, and with one nonprofit organization that focuses on your child’s specific needs. Watch for advocacy opportunities in our newsletter as well, and if your schedule permits, try to join an annual disability lobbying effort.

    Most legislators listen closely as families impacted by special needs share their experiences, and sometimes you get to share the celebration of a win. But the most meaningful result of these efforts can be the friendships that emerge among families who share common struggles. 

    Supporting Your Next Steps in the Transition to Adulthood 

    We hope this article leaves you reassured in your skill set for facing the challenges and opportunities ahead, and no matter what, our firm is here to help. We can connect you with resources to help in this exploration process – from available programs to the legal tools needed to foster your young adult’s independence.

    We invite you to reach out to our firm at any time, but if you have a teen with special needs who is approaching adulthood, reach out right away. We can help you preserve family resources, balance your child’s protection and autonomy, and help them find career and lifestyle support. 

    Schedule a complimentary call today to get started. 

    This article is a service of Jeannette Marsala, Personal Family Lawyer. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Life & Legacy Planning Session, during which you’ll get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life and Legacy Planning Session and mention this article to find out how to get this $750 session at no charge.

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