Turning 18: What Changes for a Child with Disabilities in Maine

For most families, turning 18 means graduation, voting, and new independence.
For families caring for a child with a disability, it also brings major legal and financial changes.

In Maine, age 18 marks the point where the law no longer recognizes you as the decision-maker for your child — even if they still rely on you every day.

Without preparation, families can suddenly find themselves unable to speak to doctors, manage benefits, or protect eligibility for services.

Understanding this transition early helps prevent interruptions in care, housing, and financial support.

Before Age 18

While a child is a minor, parents automatically have authority to act on their behalf.

Parents can:

• Make medical decisions
• Access school records and attend IEP meetings
• Manage money and benefits
• Communicate with providers
• Coordinate services through the school system

In Maine, most supports are school-centered during childhood.
Services are structured, predictable, and coordinated for you.

Many families don’t realize these rights exist because they happen automatically.

After Age 18 in Maine

At age 18, your child becomes a legal adult under Maine law.

Parents no longer automatically have the right to:

• Talk with doctors
• Access medical information
• Sign service paperwork
• Manage bank accounts
• Apply for programs on their behalf

Even long-time providers may refuse communication without legal authorization.

This is often discovered during a hospital visit, crisis, or benefit application — the worst time to learn it.

Benefits Eligibility Changes

Government benefits also change at adulthood.

Before 18:
Eligibility often considers household income.

After 18:
Programs evaluate only the individual’s income and assets.

This can open eligibility for:

• SSI income support
• MaineCare health coverage
• Adult developmental services
• Housing supports and case management

However, well-meaning financial gifts — even from parents or grandparents — can accidentally disqualify these benefits.

The Estate Planning Issue Most Families Miss

Many parents assume they should leave money directly to their child in a will.
For a child receiving public benefits, that can create serious problems.

An inheritance, life insurance payout, or bank account in the child’s name may cause loss of:

• MaineCare coverage
• SSI income
• Housing supports
• Community services

This is why special needs planning is essential — not optional — for many Maine families.

A properly designed Special Needs Trust allows funds to help the person while preserving eligibility for benefits.

School Services vs. Adult Services

Students may remain in school programs until approximately age 21.
But adult services in Maine are different from school supports.

Instead of automatic enrollment, families must apply and qualify through adult service systems.
Waiting lists may exist, making early preparation critical.

Planning ahead helps ensure continuity of care instead of a gap after graduation.

Decision-Making Options in Maine

Guardianship is not always required.
Maine encourages using the least restrictive option appropriate for the individual.

Possible tools include:

Supported Decision-Making
The person keeps rights but receives structured guidance.

Power of Attorney
Allows assistance with finances and legal matters.

Health Care Proxy
Permits medical communication and decisions.

Guardianship or Conservatorship
Used when safety requires court supervision.

Choosing the correct option depends on the person’s abilities, not just diagnosis.

Why Planning Before 18 Matters

Families who prepare early typically avoid:

• Emergency court filings
• Benefit delays
• Medical access problems
• Service interruptions

They also gain peace of mind knowing future caregivers have clear instructions.

When to Start

The ideal planning window is between ages 15 and 17.

This allows time to:

• Apply for adult benefits
• Establish decision-making authority
• Create a Special Needs Trust
• Coordinate with Maine services

Moving Into Adulthood with Confidence

Adulthood should bring opportunities — not uncertainty.

With thoughtful legal and financial planning, Maine families can protect benefits, maintain independence, and provide lifelong support without risking eligibility for services.

If you would like guidance preparing for this transition, we are happy to help you understand your options and create a plan tailored to your family.

Call (207) 848-5600 to schedule a consultation.