For most families, a child’s 18th birthday is a bittersweet occasion. When a child turning 18 has special needs, the situation may be a bit more complex. Like their peers, the young adult may be very excited about their newfound freedom and control. However, their parents may worry about their ability to manage their affairs and act in their best interests.
In some cases, parents of children with special needs who are about to turn 18 or who have recently turned 18 may need to prepare to go to court to pursue guardianship.
Why is guardianship important?
Young adults with special needs are quite vulnerable in the real world. Although they typically acquire the same freedoms and rights as their peers when they turn 18, they may lack the capacity to truly understand the long-term implications of their decisions.
They are especially vulnerable to financial abuse. They could mismanage their resources or fall victim to those with nefarious intentions. Parents may want to request guardianship so that they can ensure that their child continues to have access to key resources.
For example, they can seek to extend disability benefits that the child received as a minor into their adulthood. They can provide asset management service in a way that ensures their child’s continued eligibility for various benefits that can allow for a semi-independent lifestyle. They can also make choices regarding medical care, housing, employment and educational matters to ensure that the young adult with special needs has every opportunity in life.
Seeking guardianship of a child about to turn 18 or a new adult can be a stressful but necessary process. Parents concerned about their vulnerable children may need to discuss guardianship and other legal solutions for ensuring their safety with a knowledgeable legal team accordingly.