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  • 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.

  • Does Your Child With Special Needs and Their Caregivers Have a Circle of Support?

    Does Your Child With Special Needs and Their Caregivers Have a Circle of Support?

    Every parent and every child needs a support network to help them achieve their goals and live their best lives, but for parents of children with special needs – no matter their age – the worries of who will take care of your child now and in the future take on heightened significance. Your child may need support for the rest of their life, even after you have become incapacitated or have died.

    As parents of a child with special needs, you also require your own level of support for your personal, physical, and emotional needs, as well as resources to help you make financial or educational decisions for yourself and your child. 

    To ensure your child with special needs is always cared for without interruption or delay, and to make sure you and future caregivers have the support you need to take care of yourself and your child, it’s important to establish a group of family members, friends, and professionals that I call your circle of support.

    Creating Your Circle of Support and Fiduciary Manual

    Whatever your child’s special needs may be, carefully creating and preparing a circle of support is an important component of holistic special needs planning. I can assist you with this process through our circle of support and fiduciary manual, and provide you with methods for selecting your future caregivers and fiduciaries–the people you’ve entrusted with using your assets to support your child in the event of your incapacity or death–and beginning to educate them on their role in your child’s life. 

    Your fiduciaries include your attorney-in-fact under a power of attorney, the trustee of your revocable living trust, and the trustee of your child’s special needs trust. Each of these legal instruments provides guidance to the fiduciary, but many important details of your child’s needs will change over time. 

    The manual is the place to record these details – and update them annually as needed. Details that you should record in your fiduciary manual include the names and contact information of your child’s doctors, tax preparer, counselor, and healthcare providers, to name a few.

    Of course, some adult children with special needs can handle many of these matters themselves, so some sections of your manual will provide guidance on trustworthy financial and tax advisors or an annual reminder of emergency and disaster procedures. 

    Sections on your hopes for their future education and employment will be meaningful to your child in certain seasons of life, and the steps you share of your own decision-making processes may remind them at a critical moment of the values you strived to uphold during your lifetime that you hope they will embody in theirs.

    Upon its completion, you’ll have a plan in place for everything from who handles disability redeterminations and driver’s license renewals to who changes the air filters in your child’s home, how often, and what type of filter to use. 

    The manual also serves as a guide for your fiduciaries on how you would like them to manage your assets and your child’s care at different stages of their life.

    Putting Your Circle of Support Into Action

    Your fiduciaries themselves may need support and input from a variety of sources as your child grows, and this is where the circle of support steps in. At least annually, it’s a good idea for trusted family members, friends, and professionals to come together and assess how well-supported the individual with special needs has been during the preceding year, what adjustments should be made, and what improvements could be gained in the coming year to help the individual thrive.

    I often suggest that parents start holding informal circle of support meetings every 1-3 years while they’re still alive and healthy. As parents, you can develop blind spots to your child’s needs, and meeting with your circle of support can bring these gaps to light. Far more likely, your own needs can easily be forgotten while caring for a child with special needs, and making sure you’re getting the care and support you need is equally important to your child’s ability to thrive.

    Who is caring for the caregiver (you!) right now, and who will look after the well-being of future caregivers and fiduciaries as they support your child? I can help you answer these questions and more so you can rest assured there’s a plan in place for your child’s care at every stage of their life.

    Completing Your Circle of Support With Your Lawyer for Life

    Being the parent and caregiver of a child with special needs is a rewarding experience that works best when you and your child have a network of support and a documented plan and team. 

    Whether your family elects supported decision-making or your child requires a conservatorship – and whether you’ve named family members or professional fiduciaries – I’m committed to helping you record your wishes and your fiduciaries’ information, store it securely in a location known by future fiduciaries, and pass it along the moment it’s needed.

    Any bit of data and wisdom that you have gleaned over your lifetime that you include in your fiduciary manual could be a crucial component that serves to craft your child’s future and helps them thrive. To learn how to receive a fillable .pdf or Word version of the manual to get started, or if you haven’t yet taken that first step to begin your family’s special needs planning journey, reach out to me at (650) 600-1735. 

    My goal is to ensure your child experiences continuous, consistent support throughout their lifetime in order to live their best life and I would be glad to share more about how we can work together to achieve that goal for your child and your family. Call me today at (650) 600-1735 to learn more. 

    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 Family Wealth 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 Family Wealth Planning Session and mention this article to find out how to get this $750 session at no charge.

  • Estate Planning For a Child With Special Needs: Three Tools You Need to Know

    Estate Planning For a Child With Special Needs: Three Tools You Need to Know

    As a parent of a child with special needs, you’re well aware of the unique challenges that come with caring for your child’s care. You’re an expert on their preferences, routines, skills, and challenges. However, when it comes to securing their future, legal planning can seem overwhelming. You may wonder what tools are the right ones to ensure your child’s unique needs are always met.

    The good news is that there are a number of estate planning tools available to help you protect your child’s interests and provide for their needs, both now and in the future. Even better, these tools can be customized to suit the level of care your child requires, regardless of their level of independence or functioning. Here are three essential tools that every parent of a child with special needs should consider.

    01 | Ensuring A Lifetime Of Care Through Guardianship

    Without proper legal planning, you lose the ability to make decisions for your child when he or she turns 18. Guardianship is a legal relationship ordered by a court that gives someone the authority to make decisions for their adult child if they aren’t able to do so for themselves. With court guardianship, you can name yourself or someone you trust to have the authority to make decisions about your child’s medical care, education, living arrangements, and more. 

    Guardianship is a crucial tool for parents of a child with special needs and is absolutely necessary if your child has challenges that prevent them from making decisions or taking care of themselves independently. Guardianship is an important step in ensuring that your child’s needs are always met.

    Why You Shouldn’t Wait Until Your Child is Near Adulthood

    Even if your child isn’t near the age of adulthood, it’s important to nominate a legal guardian now in the event that you pass away or become incapacitated before your child turns 18. Without your nomination, your child may be left without the care of someone you trust, and the decision of who will care for your child will be up to a court that doesn’t know your child or their unique needs. Thankfully, we’re experienced in nominating guardians for minors and adults, and can walk you through the process of nominating a guardian now, and how to finalize that nomination when your child nears adulthood. We can also help you name short-term legal guardians who can care for your child on a short-term basis if you’re traveling or in the event of an emergency.

    02 | Be There For Your Child with Powers of Attorney

    While not appropriate for all people with special needs, powers of attorney are another important legal tool for parents. Whether your adult child is neurotypical or has special needs, it’s important that you retain some ability to make decisions for them in case they ask for your help or aren’t able to make decisions on their own.

    If your child is high-functioning and able to live independently, powers of attorney may be an appropriate tool to support their care. Through powers of attorney, your adult child can grant you the ability to make financial or medical decisions for them, such as scheduling doctors’ appointments, paying bills, or signing a rental agreement. Your child can also choose whether these powers make it possible for you to act on their behalf at any time or only in the event of their incapacity. Plus, powers of attorney can be customized to meet your child’s specific needs and wishes, ensuring that their care and well-being are always a top priority while still respecting their autonomy and independence.

    03 | Protect Your Child’s Financial Future with a Special Needs Trust 

    Finally, every parent of a child with special needs should consider creating a special needs trust to protect their child’s financial security. This type of trust is designed to provide extra financial support for your child while ensuring that they remain eligible for much-needed government benefits such as Medicaid and Supplemental Security Income (SSI). In fact, giving money directly to a child with special needs can actually cause them to lose their government benefits unless that money is provided to them through a special needs trust.

    A special needs trust can be used to pay for a wide range of needs, including living expenses, household items, health care, and more. And, even better, a special needs trust can be drafted so that you incentivize the people you’ve named as guardians to care for your child the way you are currently caring for them. For example, you may include instructions to financially reward caregivers who take your child to dinner or the movies, so caregivers are properly motivated to provide the kind of care you would naturally, but others may not after you’re gone. Knowing you’ve provided financial incentives for your child to have companionship and care is something many of our clients deeply appreciate.

    Ensuring Your Child Is Eligible For Government Aid

    In order for your child to remain eligible for government aid while receiving funds from a special needs trust, the trust must follow a set of regulations and reporting requirements that vary by state and can be difficult to understand. That’s why it’s crucial to work with us to develop a special needs trust that meets these requirements while being perfectly suited to your child’s unique needs. 

    Your Trusted Advisor When Planning for a Child with Special Needs

    We understand that every child with special needs is different, and that’s why we offer a personalized approach and a comprehensive range of estate planning services, including special needs trusts and legal guardianship nominations, to create a plan that’s unique to your child. If you aren’t sure where to start or what your child may need now and in the future, contact us today at (650) 600-1735. We’ll walk you through your unique situation and develop a plan that ensures your child with special needs has the physical, financial, and emotional support they need now and for years to come.

    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 Family Wealth 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 Family Wealth Planning Session and mention this article to find out how to get this $750 session at no charge.

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