Starting at the age of 18, you child (now adult!) will be legally responsible for their educational, medical, financial and legal decisions. They are legal adults and you will not be permitted to intervene in these decisions. You may and should start this process 6 months prior to their birthday.
Choose to complete this process one of two ways:
Do-it-yourself – visit or call your County Surrogate to obtain step-by-step instructions to complete this process yourself. Consult other parents who have been through the process.
Attorney-assisted – Utilize an attorney experienced in guardianship cases. The cost for these services run between $1,500 and $3,000.
2. Social Security Benefits
Upon reaching 18, a child with special needs may be eligible to receive SSI benefits based solely on their own income and assets, separate from their parents (NJ). SSI is connected to Medicaid benefits and is an important determination for most services in New Jersey.
3. Attain Medicaid Eligibility
In order to access services from DDD, your childs needs to be Medicaid-eligible. This is a newer requirement. Medicaid eligibility is linked to SSI benefits – both are extremely important.
4. Register/Transition to DDD (from Performcare) **
** Children born on or after January 1, 1997 must reapply for DD services after they turn 18. Children who are new to the system will have to go through the eligibility process for DDD sometime between the ages of 18 and 21.
5. Check Assets
If you child has more then $2,000 in assets in his or her name, this will make your child ineligible for Medicaid, SSI and DDD services. Consult a reputable attorney to make decisions regarding a Special Needs Trust.
6. Obtain a Non-Driver ID Card
There will be many times your adult son or daughter will be required to provide identification. NJ MVC will provide an ID to non-drivers for a fee.