If you have a minor child with special needs, making important decisions for the child, including decisions about their medical care, education, and other issues, is a typical part of your daily routine. However, once children turn 18, they become legal adults, and you no longer have the legal authority to make decisions on their behalf – even if they still need significant assistance in making decisions, or they are unable to make decisions at all. In this situation, a power of attorney can be critical to your ability to continue to assist your child in the decision-making process.
Understanding Powers of Attorney
A power of attorney is a legal document that gives one person the authority to make certain decisions or take certain actions on behalf of another person. When you have an adult child with special needs, that child still may need parental guidance to help make important decisions. A power of attorney permits a parent to assist an adult child with special needs in making those decisions.
Furthermore, at some point, the child with special needs may become incapacitated and unable to make decisions at all. In that case, the power of the attorney allows a parent to make those decisions for the child.
A power of attorney document specifically outlines the decisions a parent can make on behalf of an adult child with special needs. The document also sets the conditions under which a parent may make decisions for the child, such as if the child becomes legally incapacitated as determined by a medical professional.
Types of Powers of Attorney
Various types of powers of attorney are available under Illinois law. The Illinois Power of Attorney Act has sections that address various issues.
Financial Powers of Attorney
For instance, 755 ILSC 45/3-3 outlines a short-form power of attorney that covers financial and property decisions. Families can modify the form to include any powers related to financial or property matters that they wish. They can also eliminate or limit some powers as desired. However, the short form allows parents to take specific actions on behalf of their adult children with special needs, including banking transactions and tax matters.
Healthcare Powers of Attorney
755 ILCS 45/4-10 provides for a power of attorney that covers specific healthcare and medical decisions. A healthcare power of attorney may allow parents of an adult child with special needs to make healthcare decisions only in certain situations, or to make all healthcare decisions. Some of the decisions included in a healthcare power of attorney include choosing the type of medical care or treatment the adult child should receive and selecting which doctors or facilities should provide medical care.
Some federal and state government agencies also have established separate power of attorney forms that allow a person to specifically authorize another person to make decisions regarding benefits from those agencies. For example, the Social Security Administration (SSA) has an Appointment of a Representative form that allows a person receiving or applying for Social Security benefits to authorize another person to communicate with SSA about their benefits or application.
Likewise, the Illinois Department of Human Services (DHS) has an Approved Representative Form that a person can use to name another person to manage their benefits, such as Medicaid.
Prerequisites for a Power of Attorney
An adult child with special needs must have legal capacity to sign a valid power of attorney. Above all, the child must understand what a power of attorney is and what it allows the parent or other designated individual to do. The child must fully comprehend the effects of a power of attorney, including how long it remains in effect and how they can revoke it, as long as they have the capacity to do so. On the other hand, if an adult child with disabilities is already incapacitated and unable to make decisions on their own behalf, they cannot sign a power of attorney.
Frequently Asked Questions
What types of decisions does a financial power of attorney cover under Illinois law?
A family can include or exclude any decisions they want from a financial power of attorney. However, the short form power of attorney includes the following powers:
- Real estate transactions.
- Financial institution transactions.
- Stock and bond transactions.
- Tangible personal property transactions.
- Safe deposit box transactions.
- Insurance and annuity transactions.
- Retirement plan transactions.
- Social Security, employment, and military service benefits.
- Tax matters.
- Claims and litigation.
- Commodity and option transactions.
- Business operations.
- Borrowing transactions.
- Estate transactions.
- All other property transactions.
What types of decisions can a healthcare power of attorney cover under Illinois law?
Like with a financial power of attorney, a healthcare power of attorney can include or exclude any decisions that families choose. However, some of the decisions can include the following:
- Talking with healthcare professionals and reviewing the child’s medical records.
- Authorizing a child to receive medical tests, medication, surgery, or other treatments.
- Choosing where a child receives medical care and who provides it.
- Making end-of-life decisions, such as whether to accept or decline treatment.
- Deciding whether to donate organs after death.
Contact Us Today to Learn More About Our Legal Services
Rubin Law is the only Illinois law firm to dedicate itself exclusively to providing compassionate legal services for children and adults with special needs. We offer unique legal and future planning techniques to meet your family’s individual needs.
Call us today at 866-TO-RUBIN or email us at email@rubinlaw.com to learn more about the services we can offer you and your family.