While your child with special needs is under eighteen, there is no question that you, the parent, are the decision maker. Upon attaining the age of eighteen, your child becomes an adult in the eyes of the law and is presumed to be able to handle their own affairs. This presents a problem for parents of children with special needs. Once your child attains eighteen, you are no longer legally eligible to make decisions for your now adult child. Continue reading What happens when your child with special needs turns 18?
. . . without naming you on a medical power of attorney!
Alright. I know. That was bad. However, if you keep up with my blog you will soon learn that I love bad puns. Now that I have gotten that out-of-the-way. . .
If your adult kids (over 18) don’t do any other estate planning, they should name you as their agent under a medical power of attorney.
When your kids are minors you as their parent and natural guardian make their personal and medical decisions for them. However, as soon as they reach adulthood they are presumed to be able to make their decisions. Likewise, when they turn 18 (if they do not have a medical power of attorney), neither you nor anybody else can step in to make their decisions if something happens to them.