Are parents obligated to support adult disabled children?

[Anonymous]

Several things to keep in mind.
Once an adult with a disability turns 18:
It is assumed by the courts they are their own guardian (can make decisions on their own) and payee unless somone files in court to take over those roles (usually need to be updated annually)
They are eligible for Medicaid funding to help with support needs (varies by state how much and who can provide the service)
It is very likely they will be in a group home (living with other adults with disabilities). You don't need to be the guardian to be involved in their life or setting up services so long as the guardian wants you involved
In some states the person can hire their own staff (Consumer Choice Options) and either live at home, with a roommate, or on their own
Neglecting a dependent adult is abuse
Look for an agency that is certified through an organization like CARF as an extra layer of protection

[Anonymous]

https://www.hg.org/legal-articles/what-to-know-about-child-support-and-disabled-adult-children-43827

Some states do have laws that require support, and a court can order support. I can imagine a scenario in which an adult who is disabled sues or has a guardian who sues.
Some states also have laws that at least technically require adult children to support their parents when the parents become aged and are unable to care for themselves. I have not heard of these being enforced though.

[Anonymous]

Anonymous wrote:Several things to keep in mind.
Once an adult with a disability turns 18:
It is assumed by the courts they are their own guardian (can make decisions on their own) and payee unless somone files in court to take over those roles (usually need to be updated annually)
They are eligible for Medicaid funding to help with support needs (varies by state how much and who can provide the service)
It is very likely they will be in a group home (living with other adults with disabilities). You don't need to be the guardian to be involved in their life or setting up services so long as the guardian wants you involved
In some states the person can hire their own staff (Consumer Choice Options) and either live at home, with a roommate, or on their own
Neglecting a dependent adult is abuse
Look for an agency that is certified through an organization like CARF as an extra layer of protection

When my adult brother went on SS disability I was one of the people he listed as a person to get info from. They called to ask me my thoughts as to whether he would need a payee. My son got disability benefits from age 16 to 26. When he turned 18 they didn't even review whether he would need a payee, nor did they when he had a second eligibility review at 23. I was honestly amazed he was able to keep the benefits, he was working by then although still quite a ways from the limit, he was not on SSI, anyway they didn't touch the payee. Since he was self employed and living on his own, paying his own rent, I simply used the benefits to pay his quarterly income taxes until he eventually no longer qualified. I think it is up to SS to decide whether to assign a payee, does not necessarily require a court proceeding although the latter can be done. You also don't need to be under guardianship for SS to assign a payee.

[Anonymous]

Anonymous wrote:At least in our county (LCPS) disabled kids can go to public school until age 21. Our neighbors have a profoundly disabled son (wheelchair, doesn’t talk) and he’s in that 18-21 window now. Still goes to HS for a few more years.

They are definitely going to keep him at home long term though.

IDEA guarantees that any student with a disability is entitled to services until they graduate with a regular diploma or the school year when they turn 21. If they have a GED or a modified diploma, they can still attend school and get services.

I've never checked, but I think that may be the case for regular ed in many states. I went to high school with a 20 year old girl who had left to marry at 16 and then went back at age 19, and this was in the early 70s.

Re: the group homes: I live in a state that mad a major deinstitutionalization lawsuit filed by the ARC in the 70s. Besides emptying the state institution (it still has some residential services it operates for a very small number of people in group home settings) there was a huge push for independent living with supports for residents who got moved to group homes. I worked part time in a group home while in college, and we had people moving into apartments, sometimes with a roommate who was also disabled, sometimes not, with fulltime staff who were considered profoundly disabled. And a lot of people with intellectual disabilities live on their own with supports. The litigation was under federal court supervision for over 10 years by a judge who was very committed to the ARC goals. It was very ironic when, after his retirement, he developed dementia and ended up in the middle of a fierce family fight which ended up with him in a locked memory care ward, it was kids vs. a second wife although I don't remember which side wanted the locked ward.

[Anonymous]

Anonymous wrote:I am just honestly curious. Legally, once a child is 18, do the parents have any legal obligation towards a child who can't support himself? Can they just kick the kid out of their house and then...what?

Depends on the “disability.” If it’s a true disability, recognized by insurance, healthcare, special programs then yes do your best. If it’s something like lazy or ADD or anxiety then get them on a path to therapy and that’s it. No enabling.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Legally? No
Morally? Yes

The moral failing is a country that provides no resources for families of children with disabilities. My child cannot put DS in childcare. Husband had to quit his job. We will never have money to retire or save enough for his LT needs. My only hope is that we all die together in the next 10 years or so.
Don’t get started on the moral obligations & failings.

Ah yes, the anti-Darwin strategy that sucks everyone down the black hole of insanity.