Planning for the Adult Disabled Child

Transitioning to Adulthood: SSI and Medicaid

John, age 17, has autism and lives with his parents. His mother is his full-time caregiver, but due to his father’s high income, John is not eligible for Supplemental Security Income (SSI) as a minor. However, when John turns 18, only his own income and resources are considered for SSI eligibility. If he meets the financial and medical requirements, John may then qualify for SSI and, in turn, Medicaid. While SSI provides modest income, Medicaid can be essential for covering additional care needs.

Action Step: When your child with a disability turns 18, visit the local Social Security office to file a claim for SSI. Social Security will determine eligibility based on the adult’s circumstances.

Parents Need Additional Legal Authority at Age 18

In Florida, the age of majority is 18. After this point, parents can no longer automatically make medical or financial decisions for their child, even if the child is not fully competent. To continue supporting their adult child, parents may need to pursue legal authority through a process such as Guardian Advocacy.

Guardian Advocacy is available under Florida law for family members, caregivers, or friends of adults with developmental disabilities. The process involves submitting documentation of the disability and petitioning the court to appoint a guardian. Once appointed, the guardian gains the legal authority needed to act on the adult’s behalf.

The Guardian May Also Manage the Ward’s Financial Affairs

A guardian may be responsible for managing the adult’s income and assets. This requires annual accounting to the court to ensure funds are managed properly. The court may require a surety bond for added protection. For Social Security benefits, the Social Security Administration can appoint a “Representative Payee” to manage payments for an adult with disabilities.

Advice You Can Rely On

If you need guidance on planning for an adult child with disabilities (including SSI, Medicaid, or guardianship) contact Shalloway & Shalloway, P.A. at (561) 686-6200 or visit shalloway.com.