Do You know about the support options?
Resources
How can I help?
When planning for the future in transitioning your loved one from student to adult many questions are asked about what your loved one will do or where they will live once they graduate high school. He/she will definitely need guidance in their decision-making. It is very important to start planning early when considering additional support as there will be times the student will not be able to make informed decisions. As a parent or caretaker, you are able to make decisions for your loved one until the age of 18. Once the child becomes an adult at the age of 18, all parental rights transfer to the child. If you feel your child with disabilities will need help to manage the responsibility of making adult decisions, do you know about the support options?
When your disabled child turns 18 and needs support when making important adult decisions, there are several support options available. From supported decision making, which is the least restrictive to power of attorney or appointing a legal guardian.
Families should consider which option meets their child’s unique needs.
Supported Decision-makers can be family members, a friend or a professional that serves as a support in making decisions. They can help people with disabilities understand information, issues and choices. They can interpret and or communicate decisions to other parties. This option is the least restrictive.
The Power of Attorney option allows the young adult to assign an individual to make decisions on their behalf. Consultation from an attorney may be recommended but not required.
Guardianship is the most restrictive and should be considered when the young adult lacks the ability to make informed decisions and is unable to give consent and understand the consequences of decisions. Guardianship requires a judicial review since guardianships, including general or limited, impact an individual’s rights to make decisions in major life areas involving a person and or property as a court determines.
support options that should be considered
If you feel your disabled loved one will need help making important life decisions, all of these support options should be considered while planning for your loved ones future.
Supported Resources
Disability Rights Laws
There are many laws that have been formed to protect your disabled loved one. It is very important to know that people with disabilities have the right to an education, housing, employment, goods, and services. Everything offered to the general population, people with disabilities have the right to it as well without harassment or discrimination.
Americans with Disabilities Act (ADA) of 1990
The Individuals with Disabilities Education Act (IDEA) and Secondary Transition
The Workforce Innovation and Opportunity Act (WIOA)
The Rehabilitation Act of 1973 (The Rehab Act)
Power of attorney
FAQs about Power of Attorney 2018, Rutgers Law School (law.rutgers.edu/file/faqs-about-power-attorney-2018)
The Education Power of Attorney: Empowering Students with Disabilities, Special Needs Alliance (specialneedsalliance.org/blog/the-education-power-of-attorney-empowering-students-with-disabilities)
Guardianship
Bureau of Guardianship Services-
Understanding Guardianship,
https://www.state.nj.us/humanservices/ddd/individuals/guardianship/
Division of developmental Disabilities| Apply for services
Department of Human Services | Supplemental Security Income
Department of Human Services | Medicaid
Career Services | Vocational Rehabilitation Services
NJABLE
Giving those with disabilities the ability to save.
New NJ ABLE helps individuals save, while preserving their SSI and Medicaid.