Turning 18 with a Developmental Disability

When a child turns 18, it marks an important milestone for every family—but one that can carry added significance when your child has a developmental disability.

In the eyes of the law, your child becomes an adult on that birthday, bringing important changes to who can make decisions about finances, health care, and other aspects of daily life.

What Changes When Your ChildTurns 18?

The legal shift can be bigger than many parents expect. In most states, once your child turns 18, the law recognizes them as an adult with their own legal rights.

That means you, as the parent, no longer automatically have the authority to make decisions on their behalf—even if your child requires significant support.

Until that point, you may have signed school forms, spoken with doctors, managed finances, and made other important decisions for your child. Once they turn 18, that automatic authority generally ends.

That’s why it is important for families of children with developmental disabilities to understand their options and begin planning before that milestone arrives.

Who Can Make Financial Decisions After Your Child Turns 18?

Once your child is 18, you may no longer be able to simply access their bank accounts, manage their finances, or sign financial documents on their behalf.

If your child has the capacity to understand and execute legal documents, a Durable Power of Attorney can allow them to name a trusted person, often a parent or other family member, to assist with or handle financial matters.

If your child does not have the capacity to execute these documents, the family may need to consider guardianship to obtain the legal authority necessary to make certain decisions on their behalf.

Government benefits such as Supplemental Security Income (SSI) and Medicaid also come with specific financial eligibility requirements. A Special Needs Trust or Pooled Special Needs Trust may allow assets to be set aside for your child’s benefit while helping preserve eligibility for means-tested government benefits.

Because every family’s circumstances are different, it is important to develop a plan tailored to your child’s needs, abilities, benefits, and financial situation.

Who Makes Health Care Decisions?

Health care is another critical area to address because, once your child becomes a legal adult, health care providers may be limited in their ability to share medical information with you or allow you to make decisions on your child’s behalf.

If your child has the capacity to execute legal documents, advance directives, such as a Health Care Proxy and Living Will in New York, can help establish their wishes and designate someone to make health care decisions if they are unable to do so themselves. A HIPAA Authorization can also permit health care providers to share medical information with designated individuals.

Putting these documents in place can make an enormous difference, particularly during a medical emergency.

If your child is unable to execute these documents, guardianship may be appropriate to ensure that someone has clear legal authority to make necessary health care decisions.

What About Everyday Personal Decisions?

Financial and medical decisions are only part of the picture. Families should also consider decisions about where their child lives, the programs and services they participate in, and other important aspects of everyday life.

For some young adults, these decisions can be made with support rather than through a formal legal arrangement. Parents, family members, trusted advisors, and other support systems may be able to help guide decisions while respecting the young adult’s independence and voice.

For individuals who require greater protection, personal decisions may fall under guardianship, through which a court grants another person authority to make certain decisions on the individual’s behalf.

The goal should always be to provide the appropriate level of protection and support while preserving as much independence, choice, and dignity as possible.

Is Guardianship Necessary?

Guardianship is not automatic when a child with a developmental disability turns 18, nor is it the right choice for every family. It is a significant legal step that can limit certain rights of the individual and transfer decision-making authority to a guardian.

Whether guardianship is appropriate depends largely on your child’s ability to understand, make, and communicate decisions.

Some young adults may be able to manage their affairs with appropriate support and carefully selected legal documents, such as a Durable Power of Attorney and Health Care Proxy. Others may require the additional protections that guardianship can provide.

Families should generally consider the least restrictive option that will adequately protect and support their child. When a young adult can make decisions with assistance, alternatives to guardianship may provide the necessary support while preserving greater independence. When an individual cannot safely make certain decisions, guardianship may provide the legal authority needed to protect their well-being.

What Is the Guardianship Process?

Guardianship is established through a court proceeding, and the specific process depends on the type of guardianship being sought and the applicable law.

Generally, the process begins by filing a petition with the appropriate court requesting the appointment of a guardian. The court reviews information about the individual’s circumstances and needs and may appoint an independent person to investigate and report to the court. A hearing may then be held so that a judge can review the evidence and determine whether guardianship is appropriate.

If guardianship is granted, the court issues an order appointing the guardian and defining the guardian’s legal authority and responsibilities.

Because the process can take time, families should consider speaking with a special needs planning attorney well before or around their child’s 18th birthday. Planning ahead can help avoid a period in which important decisions need to be made but the appropriate legal authority has not yet been established.

Where Should Parents Begin?

Start by understanding your options. Every young adult is unique, and the appropriate plan for one family may look very different from the plan for another.

Consider the major areas in which your child may need assistance, including finances, health care, government benefits, and everyday personal decisions. Then, work with a special needs planning attorney to determine which legal tools are appropriate. Depending on your child’s circumstances, that may include a Durable Power of Attorney, Health Care Proxy, Special Needs Trust, guardianship, or a combination of planning strategies.

The most important thing is to begin the conversation before your child’s 18th birthday whenever possible.

Planning ahead is one of the most important steps you can take to help protect your child’s future while supporting their independence and quality of life. At Russo Law Group, we help families understand their options and develop special needs plans tailored to their individual circumstances.

If you would like to speak with an experienced elder law attorney regarding your situation or have questions about something you have read, please do not hesitate to contact our office at 1 (800) 680-1717. We look forward to the opportunity to work with you.

Disclaimer: The information provided above is for general informational purposes only and is not legal advice.