Author: Candice Liedes, MS, OTR/L, ASDCS
Master of Science in Coaching Psychology, Registered and Licensed Occupational Therapist, Autism Spectrum Disorder Clinical Specialist
Are you exploring alternatives to guardianship as your child approaches adulthood?As a parent of a special needs child, you may be thinking about alternatives to guardianship as your child approaches adulthood. With so many factors to consider as they near 18 and even after, it’s important to find ways to provide continued support while still fostering independence. In this post, we’ll explore some of the options that allow your child to maximize their independence while still receiving the help they need.
Exploring Alternatives to Guardianship
When your child approaches adulthood, there are many legal steps to consider. Although it might seem like you need to make decisions about guardianship before your child turns 18, many parents, including myself, take time to explore less restrictive options. Here are some alternatives to guardianship that could provide the support your child needs without taking away many of their rights:
Power of Attorney (DPOA)
This legal document allows your adult child to voluntarily assign you or another trusted person the authority to make decisions on their behalf, without needing court involvement.
Healthcare Proxy or Medical Power of Attorney
If your child cannot make healthcare decisions, this document designates someone to make those decisions for them.
Special Needs Trusts / Living Trusts
Setting up a trust ensures that your child’s financial assets are protected while keeping them eligible for government benefits like Medicaid or SSI.
Representative Payee
If your child receives government benefits, such as Social Security or Supplemental Security Income (SSI), a representative payee can manage these benefits on their behalf.
Supported Decision-Making Agreement
This allows your child to work with a trusted individual to make decisions, while still retaining control over their choices. It’s a great way to support independence.
The Role of a Notary in Special Needs Planning
Why does notarization matter in special needs planning?
A notary public acts as an impartial witness to verify the authenticity of signatures on important documents. This step is crucial to ensure that your child’s legal documents are valid and enforceable.
Kendra Marroquin of Girl Friday Notary Services, a mobile notary in Pierce and Thurston counties, highlights how essential notarization is. Although you can find many legal documents for free online, having them notarized gives them legal credibility. A knowledgeable notary ensures that the documents meet your state’s specific legal requirements.
Benefits of Involving a Notary
Involving a notary adds an extra layer of protection and peace of mind. Here’s how it helps:
Ensures Legitimacy and Legal ComplianceA notary guarantees that all parties understand what they are signing and that the documents are executed properly.
Provides Peace of MindKnowing that your documents have been validated by a notary ensures they will hold up in legal situations, protecting your child’s future.
When working with a notary, make sure to have your documents printed up and ready. Your child and all signatories also need to have valid identification, such as a state-issued ID or passport. The notary will then witness the signing as appropriate and apply their official seal, making the documents legally binding.
Moving Forward
Planning for your child’s future can feel overwhelming, but you don’t have to face it alone. Whether you’re considering guardianship or exploring alternatives, every step you take makes a difference.
This blog post isn’t meant to serve as professional therapy or legal advice. If you need guidance, I encourage you to speak with a professional for a full assessment of your needs.
If you're looking for ways to support your child’s growth and independence, I’d love to assist. Reach out to School Skills & Beyond Occupational Therapy for a free consultation—I provide virtual certified occupational therapy services to families across Washington State.
For legal peace of mind, consider Girl Friday Notary Services, a mobile notary serving Pierce and Thurston Counties, to ensure your documents are handled with care and expertise.
Author Bio:
Candice Liedes, MS, OTR/L, ASDCS is a pediatric telehealth occupational therapist and founder of School Skills & Beyond Occupational Therapy. She specializes in helping children and young adults develop the necessary skills to achieve greater independence. Candice offers virtual certified OT services to families across Washington State along with support in the transition to adulthood for children with special needs.
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