Legal Considerations for Children with Special Needs

By: Janice Dantes

 

My very first client was my autistic sister. Throughout my entire life, I have served as her advocate. Because of her, I am particularly sensitive to ensuring that children with special needs in my cases are protected.

For those parents with special needs children, please be sure that you plan for your child’s future. While there are plenty of services available for children with special needs, it requires more effort and planning to ensure that they are provided with services and support when they are adults.

Families with special needs children should be sure to plan for the following as their special needs family members transition into adulthood:

1. Healthcare. Most health insurance plans through employers allow employees to cover their children until they are 26 years old. Many parents believe that their special needs children will lose their health insurance. However, some employer health plans allow employees to cover “disabled adult children.” Please make sure you understand your employer’s health benefits well before your special needs child turns 26. If the employer requires a childhood diagnosis, a medical evaluation, school records, etc., be sure to give yourself ample time to acquire this documentation. Lastly, be sure you understand how your special needs child can lose their eligibility should your employer allow you to cover your special needs adult child. For example, if your child is required to live with you, be sure they continue to live with you and do not move with another relative.

2. Social Security Benefi ts. Children with special needs are often eligible for Supplemental Security Income (SSI) and/or Social Security Disability Insurance (SSDI). Please educated yourself on the eligibility requirements and be sure when you apply, your child meets the requirements. If you child is denied benefi ts, do not just give up. There is an appeals process. You can hire an attorney specializing in this area of law to advocate for you.

3. Guardianship. Many times, children with special needs attending Chicago Public Schools have the option of remaining in high school until they are 22 years old. Legal Considerations for Children with Special Needs This means that they are legal adults attending high school. Because they are legal adults, they can make decisions for themselves and sign documents without their parents’ consent. I had a case where a special needs child was asked in her high school to donate blood. Not understanding that donating blood was dangerous for her, she agreed and became very ill. Also, adult children with special needs are able to manage their fi nances without oversight. These incidents typically encourage clients to seek guardianship over their adult children to ensure they can make medical and fi nancial decisions for their adult children.

4. Special Needs Trusts. With any estate planning (e.g. wills, trusts, benefi ciary designations), adult children with special needs may be considered disabled and ineligible to receive direct disbursements of an inheritance or life insurance policy. It is important to discuss your situation and options with an attorney who can discuss options for a special needs trust. This is important because you do not want your child to become ineligible for government benefi ts.

If you have questions about options for your special needs children, please contact me at (312) 546-5077 or janice@pinaylaw.com.

Thank you for reading. Until we meet again, love one another.