It is not easy for parents to realize that their children have profound disabilities or mental illness.
They face the fact that their children will continue to need care and support for the rest of their lives.
It seems logical and understandable that parents will take over for their disabled child when they become adults. However, those rights are not granted to them by a mere fact of their child’s mental illness or profound disabilities.
When a child turns 18 and becomes an adult, parents lose all legal rights to act on behalf of the child, even if that adult child is not competent to act on his own behalf. That exclusion extends to medical records, a crucial point when an adult child receives complex medical treatment for physical or psychological issues.
It is important in this situation for parents to be prepared to take legal measures in a timely manner to protect their adult child’s interests and to ensure his well-being and proper care.
GETTING STARTED The first and most important step in this situation is to obtain guardianship over the adult child. There are two types of guardianships: of person and of estate. Often, the adult child does not have any assets, and the parents only need to obtain guardianship of person.
To become a guardian, the parent must file an application with the probate court of the county where the adult child resides. The court investigates each case and reviews doctors’ statements before a judge or court official makes a decision to appoint a guardian.
After the parent is appointed legal guardian of an adult child, the parent has the right to act on behalf of the child and has authority to access the child’s legal and medical records.
However, as soon as the parent becomes the guardian of person and of estate of an adult child, the parent assumes new duties and responsibilities. The “best interest” of the adult child with profound disabilities or mental illness becomes the parent’s legal obligation.
Additionally, parents often apply for Supplemental Security Income and Social Security benefits for their adult children.
To apply for Social Security benefits, certain requirements have to be met.
The Social Security Administration requires that the disabling impairment began before age 22, the adult child is unmarried (or married to another disabled person), and that the adult child meets the definition of disability as an adult.
There are a few other variables to consider, such as work history, parental situation and other issues. While the disabled adult child is not required to have any work history, the parent is required to have worked enough to qualify for Social Security.
If the adult child is working, then his or her earnings must be below $1,130 per month in order to be eligible for benefits. In addition, an adult child may be entitled to Medicare benefits.
The SSDI (Social Security Disability insurance program) disabled adult child benefits can make a huge difference for the child as well as his family because the benefits continue as long as the individual remains disabled.
All of these items can be very complicated; parents should consult a qualified attorney for guidance.
