Guardianship papers for my father1/15/2024 Typically, the parents or guardians of a child with special needs will establish a Special Needs Trust. You can also include provisions for your child to receive (or continue receiving) federal assistance at the time of your death. Proper estate planning ensures your child’s inheritance is protected after your death. Additional standby guardians and conservators can also be included in the petition, including an adult sibling of your child. In most cases, the petition is filed by the child’s parents, with each parent seeking to serve as co-guardian and co-conservator however, parents who have separated or divorced might agree that the child’s primary caretaker serves first in these roles, while the non-primary custodian is named as an alternate or standby guardian in case the acting parent dies or becomes unable to perform the duties of guardian and/or conservator. To ensure a smooth legal transition, you should seek to be appointed the guardian and conservator about three months prior to your child’s 18th birthday however, even if your child is already over 18, it’s never too late to file a petition. This option allows your child to retain the right to make most of their own decisions, and you’ll only have the ability to make specific decisions for your child, all of which are specified by the court’s ruling. As a conservator, you must protect your incapacitated child’s property and assets, which includes filing their taxes, serving as a designated payee for their social security and disability checks, and ensuring proper management of their financial resources.ĭepending on your child’s abilities, partial or limited guardianship or conservatorship might be the best option for your family. A conservator grants the authorization to make financial decisions on behalf of the special needs child. A guardianship will grant you the right to make daily responsibilities for them, including their medical care, living arrangements, and employment. This is a request to the court to grant a guardian the right to make daily life decisions such as medical care, daily care, transportation, etc., for your child. While each role assumes legal responsibility for managing an incapacitated adult child’s daily life and affairs, there are key differences to be mindful of: However, a child with special needs might require ongoing support into adulthood. Typically, children no longer need a legal guardian after they turn 18. If your child needs assistance managing their financial and legal matters or day-to-day activities, you may want to consider petitioning for legal guardianship or conservatorship. Legal guardianship versus conservatorship If your child was rejected for SSI as a minor, they would most likely qualify as an adult because Social Security Administration (SSA) can only consider the adult applicant’s resources and income when determining if they are eligible for benefits. Your child’s SSI eligibility could change when they turn 18. Apply for Supplementary Security Income (SSI) Income.If your child identifies as male, he’ll need to complete his Selective Service registration, which can serve as his state-issued identification if he’s unable to obtain a driver’s license. Your child will need these points of identification to apply for applicable services and a separate bank account to accept employment or SSI checks. If you haven’t done so, now is the time to apply for your child’s Social Security card, separate bank account, driver’s license, or other state-issued identification. Apply for necessary government identifications.Here are some initial steps to take before your child’s 18th birthday: However, some legal requirements and exceptions may apply to children with special needs. In the United States, when a child turns 18, they become legally responsible for their choices and actions. Here are some situations you’ll need to prepare for before your child’s 18th birthday. You’ll have to make significant legal decisions to ensure their future, especially when your role is no longer that of the primary caregiver. While most parents find this milestone tricky to navigate, it might be especially fraught as a parent of a child with special needs turning 18. When raising a child with special needs, you may have had to see your child through more challenges than most, and helping your child transition into adulthood is no different. As a parent, you’ve been there for your child since day one, witnessing every achievement and milestone.
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