How to Plan for Your Disabled Child's Future

(ARA) - For most parents, it is a bittersweet moment when their child turns 18. Considered adults, eighteen year olds are legally entitled to make decisions about their lives. But what many parents don't realize is that for a disabled child, the situation is the same. Once the child turns 18, he or she is considered legally independent.

"Parents get used to making all the decisions for a disabled child, and because the child still needs them they continue to do so after the age of 18, but legally they don't have that right," says Monica Lewis, supervising attorney at M.A.O. Legal Services at Volunteers of America of Minnesota.

The consequences can be serious if a family is caught unawares. For instance, a disabled child may need an emergency medical procedure for which legal consent is needed. Healthcare providers, concerned about liability, may decline to perform a procedure in situations in which the patient may not have the capacity to give an informed consent.

Or family members may be denied access to a child's medical or financial records because they have no legal right without permission. Health and service providers may question a person's legal capacity and refuse to release information even if permission is granted by the child.

A disabled child may also have assets that they cannot properly manage. A guardian's help may be needed to assist in preserving those assets and making sure they are used for their intended purpose.

"It is critical that parents understand that someone needs to step in - someone needs to go in and get legal authority," says Lewis.

A parent can go into court and be made a guardian before their child turns 18 or they can begin the process later. Lewis recommends contacting an attorney who is familiar with guardianship issues who can then guide the family through the process. It usually requires meeting with an attorney once or twice, a court hearing, some paperwork and a notice to relatives. A guardian will then be asked to give a report to the court once a year.

"In many cases disabled adults do want to be independent, they want to live the life they choose, but they are more vulnerable," says Lewis, who encourages families with a disabled child, especially one who is mentally disabled, to get the facts about guardianship laws in their state.

For more information and to find resources in your state, visit The Arc Web site at www.thearc.org.

Courtesy of ARA Content

• Home:
• News Articles:
• Making a Difference