As parents of children with special needs, we pour our hearts into providing care and making decisions for our kids throughout their childhood. But as they approach adulthood, an important question arises: What happens when our child turns 18 and becomes a legal adult? This is where guardianship planning comes into play, and it’s never too early to start thinking about it.
The Journey Begins: Ages 14-16
The teen years are a great time to begin the guardianship conversation. Around ages 14-16, start discussing the future with your child’s doctors, therapists, and educators. These professionals can offer valuable insights into your child’s current abilities and potential for future independence. It’s also an opportune time to research different guardianship options and how they might fit your family’s needs.
Preparing for the Legal Shift: Age 17
As your child’s 18th birthday approaches, it’s crucial to understand the legal changes on the horizon. At 18, your child will be considered a legal adult, which means you’ll no longer have automatic access to their medical or educational records. This is why many families begin gathering necessary documentation for guardianship proceedings around age 17.
The Clock is Ticking: Age 17½
Roughly six months before your child’s 18th birthday is an ideal time to initiate the legal process. Consulting with a Tampa special needs lawyer can help you navigate the complexities of filing a guardianship petition. Remember, the process can take several months, so starting early ensures everything is in place by your child’s 18th birthday.
Milestones Along the Way
As you’re planning for guardianship, keep an eye on other important milestones. Regular functional assessments can help determine the appropriate level of guardianship needed. Educational transitions, such as graduation or aging out of the school system, often coincide with guardianship planning. Similarly, the shift from pediatric to adult healthcare providers is an important consideration.
Financial planning is another crucial aspect. Establishing special needs trusts or ABLE accounts can work hand-in-hand with guardianship to secure your child’s financial future.
Finding the Right Fit
Guardianship isn’t one-size-fits-all. Options range from full guardianship for those needing comprehensive support, to limited guardianship tailored to specific needs, to guardian advocacy – a less restrictive option for some developmental disabilities. The key is finding the right balance between protection and promoting independence.
Moving Forward with Confidence
Planning for your special needs teen’s future may feel daunting, but remember – you don’t have to navigate this journey alone. If you’re considering guardianship or have questions about the process, reaching out to our experienced Tampa special needs lawyers can provide invaluable guidance.
To discuss your family’s unique needs and create a plan that ensures your child’s well-being into adulthood, call the Law Offices of Laurie E. Ohall at (813) 438-8503. With the right support and planning, you can approach this transition with confidence, knowing you’re setting your child up for a secure and fulfilling future.