Families with a child on the autism spectrum often experience a stark change when that child reaches age 18, a transition sometimes referred to as the “autism cliff.” Many supportive services relied on during childhood, such as specialized education programs, may shift or end altogether in adulthood. This can leave parents concerned about maintaining consistent care and ensuring their child’s ongoing well-being.
Understanding the Transition Challenge
As a New York special needs planning attorney, I’ve guided many families through this critical transition. The challenges can be significant: educational support services typically end, healthcare coordination may change, and parents’ legal authority to decide for their child is no longer automatic. However, with proper planning, these challenges can be successfully navigated.
Essential Legal Tools for Adult Children with Autism
Several legal arrangements can help ensure continuity of care and support:
A Supplemental Needs Trust can provide financial support while preserving eligibility for essential government benefits. This trust can pay for additional therapies, specialized equipment, or quality-of-life enhancements that government benefits don’t cover.
Guardianship or Power of Attorney arrangements allow parents to continue making important decisions about their adult child’s healthcare, living arrangements, and financial matters when appropriate. The right choice depends on your child’s specific capabilities and needs.
HIPAA Authorizations ensure parents can continue communicating with healthcare providers about their adult child’s medical care.
Planning for Long-Term Security
Beyond immediate transition needs, it’s crucial to consider your child’s long-term future. This includes identifying future caregivers, establishing clear instructions for their care, and ensuring sufficient financial resources are available. As your New York special needs planning attorney, we can help you create a comprehensive plan that addresses immediate and future needs.
Taking Action Before the Cliff
Ideally, families should begin planning for this transition well before their child turns 18. This allows time to:
- Evaluate your child’s capacity for independent decision-making
- Apply for adult services and benefits
- Set up necessary legal arrangements
- Create detailed care instructions
- Identify and prepare future caregivers
If you’re approaching this transition or want to ensure your current plan provides comprehensive protection, we’re here to help. Please get in touch with us today for a comprehensive consultation. We’ll help you understand your choices and create a plan that provides security and peace of mind. Be sure to mention this article to focus on your specific needs.
This article is a service of Miller & Miller Law Group. We do not just draft documents; we ensure you make informed and empowered decisions about life and death for yourself and the people you love.
