Special Needs Planning Before 18 | Guardianship & Trust Attorneys

How to Protect Your Special Needs Teen Before They Turn 18

As your child with special needs approaches adulthood, your responsibilities as a parent evolve—but they don’t end. Once your teen turns 18, you may no longer have the automatic legal authority to make decisions on their behalf, even if they cannot manage their affairs independently. To ensure a smooth transition and continued protection, it’s important to consider establishing legal guardianship and a special needs trust before your child becomes a legal adult.

At our firm, we work closely with families to create thoughtful, legally sound plans that ensure loved ones with disabilities are cared for today and for years to come. As attorneys specializing in trusts, we’re here to guide you through every step of the process.

Why Planning Before Age 18 Matters

Turning 18 is a legal milestone. Your child is now presumed to have full legal rights—regardless of their ability to manage personal, financial, or medical matters. If your child has developmental, intellectual, or other disabilities that affect their decision-making capacity, you may need to legally step in to continue helping them.

Understanding Guardianship

Guardianship gives you legal authority to make decisions on behalf of your adult child in areas like healthcare, education, and housing. It’s a court-supervised process that begins with demonstrating your child’s lack of capacity.

This is where capacity vs competency becomes crucial. “Capacity” refers to an individual’s functional ability to make specific decisions, while “competency” is a legal status determined by a court. A child may lack capacity in some areas (like financial management) but still be legally competent. Working with experienced guardianship attorneys ensures this nuanced distinction is addressed properly.

Special Needs Trusts: Safeguarding Benefits and Resources

A special needs trust (SNT) is a powerful tool to protect your child’s financial future. It allows you, other family members, or even a settlement fund to provide for your loved one without disqualifying them from critical government benefits like SSI or Medicaid.

Assets held in an SNT do not count against eligibility thresholds because the trust owns the assets—not your child. The trust can pay for items or services that improve your child’s quality of life, such as transportation, therapies, recreational activities, or personal care assistance.

As attorneys specializing in trusts, we help families craft SNTs that are both legally compliant and customized to each child’s needs and circumstances.

Conservatorship vs Power of Attorney

Another consideration is how financial matters will be handled once your child turns 18. The right choice depends on your child’s level of functioning.

• A power of attorney (POA) is a voluntary arrangement where your adult child grants you the authority to manage their finances or healthcare.

• A conservatorship is court-ordered and necessary when your child cannot legally execute a POA due to diminished capacity.

Choosing between conservatorship vs power of attorney should be done with careful evaluation and legal guidance. Our firm specializes in both approaches and can help you make an informed decision.

Take Action Early

Proactive planning ensures you don’t face unnecessary delays or legal barriers when your child turns 18. If you wait until after their birthday, the court process can become more complicated—and you may temporarily lose the ability to help your child when they need it most.

Our firm is proud to assist families in navigating guardianships, conservatorships, and special needs planning. We also provide guidance on asset protection, probate administration, and broader estate planning strategies tailored to your family’s needs.

Schedule a Free Consultation Today

Let us help you protect your child’s future. Contact our team of attorneys specializing in trusts and special needs planning today to begin building a legal safety net for your teen.