By: Jessica A. Saio, Esq.

As a child with disabilities approaches adulthood, families face an important transition. At age 18, individuals are presumed to have the right to make their own decisions and parents no longer have decision-making authority. Without proper planning, parents may lose the ability to make medical, financial, or other critical decisions on their child’s behalf.

If your child is unable to make informed decisions independently, you may need to consider guardianship or less restrictive alternatives such as advance directives. The right approach depends on your child’s specific needs and abilities. At the same time, because government benefits, such as Supplemental Security Income (SSI), provide essential monthly financial support for individuals with disabilities, it is important to plan ahead to avoid affecting your child’s eligibility as they transition into adulthood.

17-A Guardianship

In New York, families may pursue 17-A guardianship under the Surrogate’s Court Procedure Act for individuals with intellectual and/or developmental disabilities. This allows a parent or caregiver to be appointed as guardian and then to make personal and/or financial decisions once their child turns 18. This is typically considered when an individual is unable to manage their personal or financial affairs independently and needs ongoing support.

Advance Directives

If guardianship is not appropriate, advance directives can serve as decision making tools and help families stay involved. These legal documents can include powers of attorney, healthcare proxies, and HIPAA authorizations. These documents provide support while preserving as much independence as possible. They are often a good option when an individual is capable of making their own decisions but may benefit from support in certain situations.

Preserving Eligibility for Government Benefits

SSI is a federal program that provides monthly financial support to individuals with disabilities who have limited income and resources. Eligibility is based on strict financial criteria, and even minimal assets or receiving money directly can result in a reduction or loss of benefits. Because SSI eligibility often serves as a gateway to other critical supports, including Medicaid, careful planning is essential to ensure that gifts or inheritances do not disrupt eligibility and access to these programs.

Planning ahead can help ease the transition to adulthood for your child. At Littman Krooks, we can help you choose the right strategy for your family’s needs. If you are unsure of where to start, consulting with our attorneys can help you navigate the options.