Helping a Child with Special Needs Transition into Adulthood
Helping a child with special needs transition into adulthood comes with unique challenges and opportunities. At Barrett Legacy Estate Solutions, we often work with families who want to ensure that their child’s future is secure, well planned, and protected. When your child turns 18, many legal rights and responsibilities change. Until then, you have parental authority over most medical and financial decisions, but at 18 your child becomes a legal adult. That means you may lose access to certain decision-making powers unless proper planning is done early.
Why Turning 18 Matters
When a child with special needs reaches adulthood, the law recognizes them as capable of making their own decisions even if they are not ready for that responsibility. Without preparation, parents may find themselves unable to assist with medical care, benefits, or financial matters. This is why it’s important to understand what you need to do before your special needs child turns 18.
Review and Update Your Estate Plan
Start by reviewing your will, trust, and other estate documents. Make sure your plan reflects your child’s long-term needs and includes provisions for their care. Avoid leaving money directly to your child, as it could disqualify them from government benefits. Instead, ensure your estate is structured to support them safely and efficiently.
Create a Special Needs Trust
A special needs trust (SNT) allows you to set aside funds for your child without affecting their eligibility for programs like Supplemental Security Income (SSI) or Medicaid. The trust can cover extra expenses such as therapy, education, travel, or entertainment that benefits don’t cover. Choose a responsible trustee—someone who will manage the assets wisely and act in your child’s best interests. Setting this up before your child turns 18 ensures the trust is ready when needed.
Consider Guardianship or Power of Attorney
At 18, your child is legally an adult. If they are unable to make decisions independently, you may need to petition for guardianship or conservatorship. This gives you authority to make personal and financial decisions for them. If your child can make some decisions, consider a durable power of attorney or medical power of attorney to allow shared control. Working with an attorney helps determine which option best fits your family’s situation.
Review Public Benefits and Services
Eligibility for benefits such as SSI and Medicaid often changes at age 18. You should review your child’s income, assets, and benefits before their birthday to prevent disruption. You may also want to explore programs for adults with disabilities, including employment support, housing, and life-skills training. Setting up an ABLE account can help your child save money while maintaining benefit eligibility.
Prepare a Letter of Intent
A Letter of Intent is not a legal document but an essential guide for future caregivers. It should describe your child’s personality, routines, health needs, interests, and goals. Include details about medications, therapy, education, and living preferences. This letter helps anyone stepping into your role understand how to best support your child. Updating it regularly ensures it stays accurate and useful.
Align Family Finances and Business Planning
If you are a business owner or have significant assets, align your estate plan with your business succession and financial goals. Consider how your assets will support your special needs child while maintaining balance for other family members. Coordinate with your financial advisor and attorney to avoid conflicts between your personal, business, and special needs planning.
Example: The Thompson Family
John and Lisa Thompson from Norman, Oklahoma, own a small construction business and have a daughter, Sarah, who has autism. At age 16, they met with Barrett Legacy Estate Solutions to create a comprehensive plan. Together they established a special needs trust, appointed Lisa’s sister as trustee, and filed for limited guardianship. They also coordinated their life insurance and business interests to fund Sarah’s trust in the future. When Sarah turned 18, all legal and financial protections were in place, allowing the family to focus on her transition to adulthood with confidence and peace of mind.
Communicate and Review Regularly
Planning for a special needs child is not a one-time task. Laws change, benefits shift, and your child’s needs evolve. Schedule annual reviews with your estate planning attorney to ensure your documents remain accurate and effective. Update trustees, guardians, or beneficiaries when circumstances change.
The Importance of Acting Early
Waiting until after your child turns 18 can create unnecessary stress and legal complications. Acting early allows time to gather information, prepare documents, and coordinate professionals who can guide you through the process. It also gives your child the opportunity to participate in discussions about their future.
Working with Barrett Legacy Estate Solutions
Our firm helps Oklahoma families protect their assets and create customized plans for their loved ones with special needs. We combine compassionate understanding with legal precision, guiding you through estate planning, special needs trusts, and guardianship procedures. Whether you are a parent, business owner, or professional, we will help you secure your family’s future with clarity and confidence.
Final Thoughts
Your child’s 18th birthday marks a major milestone. Planning ahead ensures that both you and your child are prepared for this transition. By addressing legal, financial, and personal needs before your special needs child turns 18, you set the foundation for lifelong support, stability, and peace of mind. Families who act early often say the best gift they gave their child was protection and independence made possible through thoughtful planning. Contact us today!