Things to consider for a teen with special needs before age 18:

[Anonymous]

I happened to look at my listing which I did before a lot of information was out on ABLE accounts. I think you should read up on this option as one might be able to transfer assets into such an account for the benefit of the disabled adult at the rate of $14,000 a year to qualify for benefits such as SSI and Medicsidvin time. There is no "look-back" period in this kind of transfer of assets based on the rules of the ABLE account.

It is also good to do a search on ABLE Account versus Specisl Needs Trust as these are different vehicles, both of which might be considered in Future Plsnning.

[Anonymous]

Anonymous wrote:I have a question.
My child has ADHD and 2e. Given that at age 18 he will be acting at most like 14-15 years old in terms of judgment and making decisions, can we have a case for Guardianship ( like temporary for another 5-7 years?).
I just think that by 30 with frontal lobe development he would eventually catch up with maturity. (That was case for my cousin, but it took long time.)
However, I do not want to kill for my child all opportunities in the future in terms of employment.
For example, will anybody have access to this info (in our technological world.)
Can my child be denied work for government or security clearance because of it in the future?

You cannot be appointed a temporary guardian . After age 18 if you pursue guardianship the person is ruled mentally incompetent and incapable of caring for themselves. If you are appointed guardian and then you die your son would become a ward of the state and a new guardian would be appointed. As it is a very hard thing to overturn he would be a ward with various guardians for the rest of his life.
It's not something to be taken lightly.

[Anonymous]

Would it be helpful to update this listing with a Transition List I share with parents each year in our area of Virginia. I have given it more thought, had parent input and include the early years points; but items for I would say age 18-22, since doing it all at once can be overwhelming. It is 2 pages with topics of:

before Age 18 Items to Consider. ( ABLE Actbhas has brought new considerations)

At Age 18 - Legally A Family of One - A Range ofbTopics Based Uppn Specific Needs ofbthe Young Adult

- Personal Information to Assemblr

- Adult Benefits and Services

- Education and Disabikity Support Services

- Employment

- Other Day Time Options

- Housing

- recreation and SocialmActivities Ideas

- Transportation

[Anonymous]

Guardianship is a tricky area. Most lawyers advise against it because then your family and estate is liable for anything the young adult does. Forever.

[Anonymous]

Anonymous wrote:Guardianship is a tricky area. Most lawyers advise against it because then your family and estate is liable for anything the young adult does. Forever.

Yes! we are in the process of setting up a special needs trust for our son. Our lawyer advised against it because technically you have to ask permission to move out of state, etc.. also as the parents you are always the guardians and do not have to go through the courts to set it up. Very restrictive and places a lot of rules.

[Anonymous]

Can a young adult access SSI if they are in college? It never occurred to me but something I read above got me wondering but maybe I misunderstood.

[Anonymous]

Anonymous wrote:I have a question.
My child has ADHD and 2e. Given that at age 18 he will be acting at most like 14-15 years old in terms of judgment and making decisions, can we have a case for Guardianship ( like temporary for another 5-7 years?).
I just think that by 30 with frontal lobe development he would eventually catch up with maturity. (That was case for my cousin, but it took long time.)
However, I do not want to kill for my child all opportunities in the future in terms of employment.
For example, will anybody have access to this info (in our technological world.)
Can my child be denied work for government or security clearance because of it in the future?

Not a lawyer or an expert at all, but I would doubt what you describe (assuming it could be clinically verified) would be enough for guardianship. Keep in mind that actual 14-15 year old kids can be tried as adults in most jurisdictions if they commit a crime. Although I totally understand your fears.

[Anonymous]

Anonymous wrote:Can a young adult access SSI if they are in college? It never occurred to me but something I read above got me wondering but maybe I misunderstood.

I would say yes, my DS had survivor adult child with disability benefits, no income/asset test but disability criteria were the same--he took a couple of classes although was never a fulltime student. Eligibility is re-evaluated periodically: no idea how they decide when, DS was re-evaluated at about 21 when he was self-employed although not yet making a living income, I was sure he would be bumped off but he wasn't, no subsequent re-evals and lost eligibility when he was 26 because by then he was making well over the limit for disability income.

Also there is Ticket to Work (he was encouraged by voc rehab NOT to use ticket to work, I forget the reasons but basically it boiled down to potentially limiting one's options) . . .
being a student is not necessarily equivalent to working (and if the person is getting accommodations that is a factor because disability means can't work without accommodations)--schedules are more flexible, etc etc

[Anonymous]

https://www.disabilityadvisor.com/ssi-disability-status/

yes, college is possible

[Anonymous]

Great summary of things to consider.

... so for those with children facing either a slower maturation or a temporary disability, including one that could at some point be managed through medication, what are the options to keep some level of protection in place at 18, without making it a life-long decision?

Is there no temporary protection, as opposed to guardianship?

[Anonymous]

OP - You should read up on Alternatives to Guardianship to see if anything applies. On Health Care, you can ask DC to sign a consent to share medical information with you. If it is a case of even for a time needing assistance in making health decisions possibly a health Cade Directive which can always be changed or ended. Again, maybe a lawyer who knows special needs law ansd options is worth a consultation in that you want to protect DC, but not limit one’s ability to make decisions if able to do so.

[Anonymous]

Does a 529 plan with more than 2k count as an asset?

[Anonymous]

This can be a complicated question as you will find if you raise the question in Google as I just did. The safest route would be to establish an 529 ABLE account which could operate as an educational account. It can be used for college expenses, but also for many other allowed expenses for a disabled adult. There is currently a limit of all gifts to such an account of $15,000 with a total value of $100,000 before it would impact SSI eligibility. So currently one could have up to $2,000 in countable financial assets + up to $100,000 in a 529 ABLe Account as far as I know.

An ABLE account is not the same as a Special Needs Trust. Both can be important to have in place for an adult with special needs. I can see how it could be very important for one who had a job and wanted to save for a future goal above the $2,000 limit and/or able to accept gifts from parents or others toward a goal such as specialized job training, a car, a condo or other kind of home. There are rules on more being able to be added to an account in a year if from the disabled person’s earning.

You need to check on limits on what one could do with either a 529 ABLE account, if the disabled child does not go to college. I am not sure that you could transfer funds to another sibling who was going to college if that was the main purpose of the 529 ABLE at the time??

[Anonymous]

Anonymous wrote:i think there are about 10,000 adults and children now on the wait list in Virginia. PEople should leave the state and move to a much more blue state if they really need services. No guarantee on any day support or vocational funding, let alone residential supports. I think HCBS waivers are easier to get in DC.

[Anonymous]

I agree that most states do have long a long waiting list for the DD Waiver funding slots. Yet, you have to look at the entire picture in where you as a family want to live and where an adult son or daughter with a disability could life with good services and safety in mind over the long term. A Medicaid Waiver is not portable between states so you can go to DC to get one and then plan to move on to another state. "Level of Criticality" is the driving force in Virginia and most states' decision-making so that waiver decisions are crisis driven. There are some states with short waiting lists such as MA that might offer a better lifelong option for all family members.