Talk by Don Freedman: “After Special Education: New Challenges and Opportunities for Your Son or Daughter with Special Needs."
[May 18, 2005]
Donald N. Freedman

Attorney Freedman spoke on this topic at the Newton Free Library on May 18, 2005, as part of the Library’s Legal Seminar Series.

Parents of special needs students age 18 - 22 face a new world of challenges and opportunities in planning and advocacy on behalf of their newly adult children. Accustomed to working with the local school department as principal service provider during the special education years, and to having the leverage of a state- and federally- mandated "right to education," parents now must deal with new state and local agencies, on the basis of weaker mandates. On the other hand, while some entitlements end with adulthood, others may be available for the first time, such as Supplemental Security Income, MassHealth and Social Security Childhood Disability. For what assistance might my child now be eligible? How can I advocate most effectively?

Their sons and daughters may be able to work, but only on a part-time basis. Work may provide only very limited income and benefits, not nearly enough for subsistence and basic medical support. What is the impact of work activities and work income on my son's Supplemental Security Income, MassHealth, Social Security Disability and Section 8? Can we help our daughter out financially without affecting her SSI? What does the Americans with Disabilities Act really say about my son's rights in relation to his work?

In looking at their own estate plans, parents will question whether the arrangements they have made for their children are appropriate. They want to provide for the child, but are concerned about impact on benefits. Is a trust appropriate? What should it say?

Accustomed to having legal authority as parents to making decisions regarding services, care and treatment of their minor child, they now must recognize that the law gives them no automatic authority to make decisions on behalf of their children age 18 and over, or even to access their child's medical records. Is guardianship appropriate? What alternatives should I consider?

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