As your child with special needs approaches adulthood, you face a pivotal transition in their medical care. The legal right to make medical decisions automatically transfers to your child at age 18, regardless of their decision-making capacity. This shift can leave many parents wondering how to continue supporting their children's healthcare needs while respecting their autonomy and ensuring their well-being. Understanding your options can help you make informed choices about your future role in your child's medical care.
Understanding the Legal Transition at Age 18
When your child turns 18, healthcare providers are legally required to obtain consent from your child, not you, for medical treatments and procedures. This includes everything from routine check-ups to emergency care. Privacy laws also mean you may no longer have access to their medical records or be able to speak with their doctors without your child's permission.
For some young adults with special needs, this transition happens smoothly – they can understand medical information and make reasoned decisions about their care. However, if your child struggles with complex medical decisions, you'll need legal authority to remain involved in their healthcare. This authority can take several forms, from limited healthcare powers of attorney to full guardianship, depending on your child's needs and capabilities.
Exploring Your Options for Supporting Medical Decisions
When supporting your adult child's medical decisions, one size doesn't fit all. The key is finding the right balance between protection and independence. Supported decision-making, for instance, allows your child to retain their legal rights while receiving help understanding medical information and making choices. This approach might work well for a young adult who can participate in decisions, but needs help processing complex information or communicating with healthcare providers.
Healthcare powers of attorney offer another option. These legal documents allow your child to appoint you as their healthcare agent, giving you authority to make medical decisions if they cannot do so. Some families pair this with HIPAA authorization, ensuring continued access to medical information and communication with healthcare providers.
Guardianship might be necessary for young adults who cannot make or communicate healthcare decisions. However, modern guardianship can be tailored to your child's needs. You might seek guardianship only for medical decisions, leaving your child in control of other aspects of their life. This approach respects their autonomy while ensuring they receive appropriate medical care.
Creating a Framework for Lifetime Support
Beyond the legal arrangements, successful medical decision-making support requires a comprehensive framework. Start by clearly understanding your child's medical conditions, medications, and healthcare needs. Document their preferences about medical care when possible – even individuals with limited communication often have ways of expressing what makes them comfortable or uncomfortable.
Create a system for organizing medical information and sharing it with healthcare providers. This includes maintaining a current list of medications, tracking symptoms or behaviors that indicate health issues, and keeping a record of past procedures and hospitalizations. Consider using digital tools designed for medical record-keeping, making sharing information with providers and other caregivers easier.
Building relationships with healthcare providers who understand your child's needs is crucial. Look for doctors experienced in treating adults with special needs, and work on transitioning from pediatric to adult healthcare providers before your child turns 18. When possible, help your child develop direct relationships with their healthcare team, supporting their growing independence while ensuring they receive appropriate care.
Remember that medical decision-making isn't just about significant procedures or emergencies. It includes day-to-day health management, preventive care, and mental health support. Your framework should address all these aspects, creating a comprehensive approach to supporting your child's healthcare needs throughout their life.
Let Me Help You Create the Right Framework for Your Family
We understand the complexity of transitioning to adult medical care for your child with special needs. We'll help you evaluate your options and create the legal framework that best supports your child's needs while respecting their capabilities. Together, we can ensure your child receives appropriate medical care throughout life while maintaining as much independence as possible.
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The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer® firms, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.