Although hope is always alive, as a parent you know that even though your child is aging, their ability or capacity may be limited. In New York, when your child reaches age 18, you lose the legal right to make decisions for your child. This is not the time to panic. This is the time to plan!

Decision Making – Guardianship: It is important to recognize and accept the role that age plays in planning for the life of your special needs child. At age 17, it is a good time to consider commencing a guardianship proceeding. You as the parent can be designated as your child’s guardian and be empowered to continue making your child’s decisions without regard to age. You can also name a Successor Guardian to you in case you are not available.

Supplemental Security Income: When your child is 17, you need to start planning for his or her SSI eligibility at age 18. SSI considers a “child” 18 years or older, no longer affected by a parent’s assets, rather the “child” can be eligible based on his or her own assets and income. This SSI benefit can help pay for monthly living expenses.

Supplemental Needs Trust: Consider establishing a trust that can supplement and enrich your child’s life without affecting SSI and Medicaid eligibility. Other people seeking to help your child financially can also contribute to this trust.

Your “baby” will always be your baby however a person’s age has different meanings and consequences in the eyes of the law. Continue in your quest to love, educate, care for and protect your child.

For more information on special needs planning, please download our special needs brochure and visit the rest of our special needs resources and articles.