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Is Your Special Needs Child Turning 18?

When a child turns 18, they become legally responsible for their choices and actions. However, some legal requirements and exceptions may apply to children with special needs.

Here are some initial steps to take before your child’s 18th birthday:

1.    Apply for necessary government identifications. If you haven’t done so, now is the time to apply for your child’s Social Security card, separate bank account, driver’s license, or other state-issued identification. Your child will need these points of identification to apply for applicable services and a separate bank account to accept employment or SSI checks.  

2.    Submit Selective Service paperwork. If your child identifies as male, he’ll need to complete his Selective Service registration, which can serve as his state-issued identification if he’s unable to obtain a driver’s license.

3.    Apply for Supplementary Security Income (SSI) Income. Your child’s SSI eligibility could change when they turn 18. If your child was rejected for SSI as a minor, they would most likely qualify as an adult because Social Security Administration (SSA) can only consider the adult applicant’s resources and income when determining if they are eligible for benefits.

Other things to know: 

Guardianship Power of Attorney, Health Care Proxy, Article 17a Guardianship

Supplemental Needs Trusts Provides a source of funds that can be used to enhance the quality of life without effecting their eligibility for government benefits

Special Education The Individuals with Disabilities Education Act (IDEA) is a law that makes available a free appropriate public education to eligible children with disabilities throughout the nation and ensures special education and related services to those children.

 

For more information, feel free to reach out to our personal resources to further discuss these important topics:

Westchester Area:

Marna Solarsh, Esq.

Special Education Law, Guardianships & Trusts Attorney | Marna Solarsh Esq (marnasolarshlaw.com)

Email: msolarsh@marnasolarshlaw.com

914-725-7070

 

Poughkeepsie Area:

Rebecca M. Blahut, PLLC

About — Law Office of Rebecca M. Blahut PLLC (blahutlaw.com)

Email: rblahut@blahutlaw.com

845-318-1290

 

Or:

Guardianship of a Developmentally Disabled Person | NY CourtHelp (nycourts.gov)

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