When a child with special needs turns 18, parents may suddenly lose the legal authority they once had to make medical, financial, and personal decisions on the child’s behalf. In this Financial Advisor Magazine article, Lori K. Murphy explains that families should begin planning before the child reaches adulthood by considering whether guardianship, conservatorship, powers of attorney, or some combination of those tools is most appropriate. The article notes that guardianships and conservatorships can provide broad authority over medical and financial decisions but also involve court oversight, annual reporting, and significant expense. By contrast, financial and health care powers of attorney may provide a less restrictive and lower-cost alternative if the child has sufficient capacity to execute them. The article emphasizes that the decision should be tailored to the child’s actual level of functioning, independence, and ability to understand the consequences of decisions.

Families often assume they can continue making decisions for a special needs child after age 18, only to discover that doctors, banks, schools, and care providers now require legal authority. The article shows why parents should begin discussing guardianship, conservatorship, powers of attorney, public benefits, and special needs trusts well before the child becomes a legal adult.