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Ensuring Continued Care: The Importance of Guardianship for Special Needs Children Turning 18

Updated: Mar 19

For parents of children with special needs, the journey of caregiving has its unique challenges and joys. As your child approaches adulthood, ensuring their well-being and continued care requires proactive planning. One critical step is applying for guardianship when your child turns 18—a decision that can significantly impact their future. Becoming your adult child’s legal guardian ensures that you can continue to make decisions on behalf of your child and protect their well-being as they transition into adulthood.


Disclaimer: The information provided is intended for informational purposes only and should not be construed as legal advice.

Two hands placing a one and an eight candle into a decorated cake.

When people turn 18, the law expects them to make decisions for their own medical care, finances, and other vital aspects of life without the assistance of any other person. However, many individuals with special needs may need help to make these decisions. Guardianship is how you, as their parent, can continue to help your special needs child make these decisions.


Guardianship is a legal process in which the court grants authority to a guardian to make legal and medical decisions for individuals who cannot decide for themselves. For parents of children with special needs, obtaining guardianship is essential for several reasons:


  1. Medical Decisions: As a guardian, you will make medical decisions for your child, ensuring they receive necessary care. Without guardianship, healthcare providers may not be able to discuss your child’s medical condition with you or seek your input on treatment options.

  2. Financial Management: Guardianship allows you to manage your child’s finances, including accessing government benefits, paying bills, and managing assets. Guardianship ensures that your child’s financial needs are met and their assets protected.

  3. Legal Protection: Guardianship provides legal protection for your child, ensuring that their rights are protected and that they are not taken advantage of by others.

  4. Continuity of Care: Guardianship ensures continuity of care for your child, allowing you to continue providing the support and guidance they need as they navigate adulthood.


Embarking on the guardianship process may appear daunting, and you might need help navigating it. Our team of attorneys at LSS Law, LLC can streamline the process, ensuring compliance with all legal requirements and securing your child’s future. Furthermore, we can assess your current Will and other estate planning documents to help you avoid having your child’s inheritance jeopardize their eligibility for government benefits. If you’re committed to safeguarding your child’s future and looking for guidance on guardianship, contact us today for a personalized consultation. Let us help you secure your child’s path to a brighter tomorrow!

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