When a child with special needs becomes a legal adult, parents are often surprised by how many things change overnight. Although your young adult child may continue to rely on you for everyday support, Florida law begins treating your child as a fully independent adult in many important areas. That status as a legal adult brings with it new rights and responsibilities, including control over health care decisions, access to personal records, and the ability to enter into legal agreements. Without advanced preparation, you may face unexpected barriers when trying to help or protect your adult child who has special needs. With that in mind, the Port St. Lucie attorneys at Kulas Crawford & Smith discuss estate planning steps to take before your child with special needs turns 18.
Decision-Making and Legal Authority
Turning 18 and transitioning into adulthood is more than just a milestone birthday for a child with special needs. From a practical standpoint, it marks important changes in legal authority, financial management, and eligibility for public benefits. In Florida, an individual who turns 18 is presumed to have the legal capacity to make their own decisions, even if they have cognitive, emotional, or developmental challenges. That legal presumption can leave parents powerless in critical situations if the child is not able to make safe or informed decisions independently.
Fortunately, there are steps you can take now to protect your adult child with special needs. One option is to petition for full or partial guardianship, which grants you legal authority over major life decisions involving your adult child. This process requires petitioning a Florida court, providing documentation of the individual’s limitations, and participating in an evaluation conducted by medical professionals and a court-appointed panel.
Because guardianship is considered the most restrictive option, it should only be considered if your child is truly incapable of managing personal affairs. Limited guardianship may also be an option if your child is capable of making some decisions but needs assistance making other decisions. Consulting with an attorney who focuses on special needs planning is strongly recommended, as Florida law contains specific procedures and criteria for guardianship and its alternatives.
Florida also recognizes less restrictive options, such as a Durable Power of Attorney, Health Care Power of Attorney, or supported decision-making agreements. These alternatives allow your adult child to retain some independence while receiving guidance and support from trusted family members.
Changes in Government Benefits When Your Child with Special Needs Turns 18
Many children with special needs depend heavily on government benefits, such as Medicaid and Supplemental Security Income (SSI). Turning 18 has a significant impact on eligibility for these assistance programs because prior to becoming a legal adult, eligibility for Medicaid and Supplemental Security Income (SSI) is based on the parents’ income and resources. Once your child reaches legal adulthood, the eligibility determination focuses on the applicant’s income and assets alone, potentially opening the door to critical benefits even if the parents are financially well-off. At the same time, it also requires parents (and other well-meaning relatives) to be very careful when gifting money or other assets to the child as that financial support can impact the child’s eligibility for much needed assistance.
SSI provides monthly income for individuals with disabilities who meet certain financial criteria. In Florida, SSI eligibility often opens the door to Medicaid, which covers essential health services and may include home- and community-based support programs tailored to people with disabilities. You may also wish to explore eligibility for Disabled Adult Child (DAC) benefits through the Social Security Administration if you are retired, disabled, or deceased, because your adult child with disabilities may qualify for benefits based on your work record.
Financial Planning and Special Needs Trusts
When it comes to long-term financial stability for your adult child, careful planning is crucial because leaving money directly to a child with special needs can result in the loss of government benefits. A better approach is to establish a Special Needs Trust (SNT) which is a legal tool that allows funds to be set aside for the child’s benefit without affecting eligibility for means-tested programs like Medicaid and SSI. Money held in a properly drafted SNT can be used to pay for a wide range of goods and services, including educational expenses, recreational activities, transportation, and personal care. The trust is intended to supplement, rather than replace, the support provided by public benefits. Working with an experienced special needs planning attorney during the creation of your SNT ensures that your trust meets federal and state requirements and works as intended.
Can We Help You Plan for When Your Child with Special Needs Turns 18?
To learn more, please join us for an upcoming FREE seminar. If you would like assistance with estate planning steps to take before your child with special needs turns 18, please contact an experienced Port St. Lucie special needs planning attorney at Kulas Crawford & Smith by calling (772) 398-0720 to schedule a consultation.
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