As children with disabilities approach adulthood, families face a critical transition: the end of services provided through the public school system. Under the Individuals with Disabilities Education Act (IDEA), students with disabilities are entitled to a Free Appropriate Public Education (FAPE) through age 21 (or 22 in some states), but once they “age-out,” school based supports cease. Without proper planning, this can leave families struggling to fill the gaps in services, care and legal protections.

To navigate this transition successfully, families should consider several legal, financial, and support planning tools that can help ensure continuity of care and quality of life when a child with disabilities enters adulthood.

Guardianship and Alternatives:

When a child turns 18, they are legally considered an adult – regardless of cognitive or developmental limitations. This can present serious challenges for families trying to help with medical, financial, or housing decisions.

Guardianship is a court process that allows a parent or caregiver to make legal, medical, or financial decisions for an adult child who is unable to make such decisions independently. This process requires evidence supporting the adult child’s diagnosis, a background check for the proposed guardian, and an independent attorney’s recommendation to the court. It is recommended that the application be submitted to the courts at least 6 months prior to the child’s 18^th birthday.

A Power of Attorney is a less restrictive alternative that allows the adult child to voluntarily authorize a parent or caregiver to act on their behalf in medical or financial matters – provided the individual has the capacity to understand the arrangement.

Each of these have their own pros and cons, and it is recommended that you consult with an attorney to help decide which option would be best for you and your family.

Government Benefits

Apply early for Social Security Income (SSI) or Social Security Disability Insurance (SSDI), Medicaid, and adult disability services like vocational rehab or state developmental disability programs. These programs may provide more than just income – they can offer healthcare options, employment support, housing and day programs. Starting the application process well before the child leaves school can help avoid service gaps.

IEP Transition Planning

Start transition planning with the child’s Individualized Education Program (IEP) by age 14-16. Goals should include job training, independent living, and post-secondary support. Adult service agencies can collaborate with you and your child to help put these plans in place before your child ages out.

Special Needs Trust and Financial Planning

To preserve eligibility for means-tested or income-based benefits like SSI and Medicaid, families must be careful when leaving assets to a child with disabilities. Special Needs Trusts and ABLE accounts can help you provide for your child without affecting benefits.

Bottom Line

While the planning process can be daunting, early and thoughtful planning can help ensure a stable and fulfilling future. Legal tools like guardianship, special needs trusts and government benefit applications can provide the foundation for long-term security and quality of life.

If you are a parent or caregiver of a child with disabilities, the attorneys at RKW are here to help guide you through your child’s transition into adulthood with care and clarity.