Equest Answers

What to know when your child with special needs becomes an adult

1. Guardianship – When your child becomes 18, they are required to make their own decisions. Though you are still their parent, you are no longer their legal guardian, according to the law.

What does that mean?

If you would like medical information about your child, for example, you are no longer automatically privy to that information once your child turns 18. You are no longer allowed, legally, to make decisions for your child.

What do I do to fix that?

You must file a petition with the court requesting guardianship of your child.

Where can I learn more?

A Texas Guide to Adult Guardianship: https://hhs.texas.gov/sites/default/files/documents/laws-regulations/legal-information/guardianship/pub395-guardianship.pdf

2. Housing – Where is the person with the disability going to live now that he or she is an adult?

What does that mean?

There are many options for housing – with the guardian, group home, independently, family members. It’s important to talk as a family to see what the best option is, and to ask your child what he or she prefers.

Where can I learn more?

Housing Choices for Young Adults with Disabilities by Navigate Life Texas: https://www.navigatelifetexas.org/en/transition-to-adulthood/housing-choices-for-young-adults-with-disabilities

3. Government benefits – At the age of 18 benefits are available based on the individual’s income.

What does that mean?

The benefits your child can receive are now based on your child’s income rather than your household income regardless of whether the child continues to live with you. Your child can even be responsible for paying you rent or lodging if that’s of interest to you.

You might not have qualified for certain benefits when your child was underage, but now he or she might qualify based on his or her income.

Where can I learn more?

Texas Health & Human Services: https://hhs.texas.gov/services/disability

4. The Plan – Education, Job Opportunities, Social Settings

What does this mean?

Discuss what’s next for your child. Typically, children with special needs age out of public-school systems at 18 or 21 years of age – so what’s next? Does he or she want to work? Are there college programs available? Does he or she want to attend a day program? Include your child and explore what he or she likes.

Where can I learn more?

A Transition Guide to Postsecondary Education and Employment for Students and Youth with Disabilities: https://www2.ed.gov/about/offices/list/osers/transition/products/postsecondary-transition-guide-may-2017.pdf

Transition Planning for Students with Disabilities: What’s After Public Education? https://www.navigatelifetexas.org/en/education-schools/transition-planning-for-students-with-disabilities

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