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My son is about to turn 15, is nonverbal, and requires assistance and supervision. How far in advance did those who have start planning for guardianship and applying to social security for when your teenager becomes and adult?
In Texas, you can apply for guardianship for an autistic individual before they turn 18, but it's crucial to start the process about six months to a year before their 18th birthday, as this is when they legally become adults and lose automatic parental rights; the application involves filing a petition, getting a physician's certificate, and undergoing an investigation, with the court deciding if it's the least restrictive option to manage their care, health, and finances
Key Steps to Apply in Texas:
Consult an Attorney: Courts often require a lawyer to file the application.
File a Petition: Submit an application to the probate court in the county where the person lives.
Physician's Certificate: A doctor must provide a Physician Certificate of Medical Examination (PCME) confirming incapacity.
Explore Alternatives: Show the court you've considered less restrictive options (like HIPAA releases, Powers of Attorney, or Supported Decision-Making Agreements).
Court Investigation: An Attorney Ad Litem (independent lawyer) is appointed to investigate and report to the judge on the necessity of guardianship.
Court Hearing: A judge reviews all evidence and decides if guardianship is in the individual's "best interest".
Types of Guardianship:
Guardian of the Person: Makes decisions about health, residence, and welfare.
Guardian of the Estate: Manages finances and property
https://www.ssa.gov/ssi/text-child-ussi.htm
In Texas, you can apply for Social Security disability (SSI/SSDI) for autism at any age, from infancy through adulthood, as long as the condition causes "marked and severe functional limitations," significantly impacting daily life or work ability, and is expected to last over a year or result in death; for children, it's about severe limits, while adults must struggle to do any substantial work, with benefits starting once eligibility (medical & financial) is proven.
How to Apply
Gather Medical Evidence: Collect detailed records, doctor's notes, test results (psychological, functional), and reports from parents/teachers.
Check Financial Limits: For SSI, family income/resources (or individual's after 18) must be limited; this is a separate requirement from medical disability.
Contact the SSA: Visit the Social Security Administration website or call them to start the application process.
Use Texas DDS: Texas Disability Determination Services (DDS) reviews the medical evidence against federal criteria.
Key Resource: Use the SSA's Benefit Eligibility Screening Tool (BEST) to get an idea of potential eligibility.
@A MyAutismTeam Member, The courts will let you know.
They did for My Son.
And they don't like being 'Pestered' about it.
Usually happens around their 18th Birthday.
When should you start planning for guardianship and Social Security benefits for your son?
Starting now is a great time to begin planning. Many parents begin thinking about these important steps during their child's teenage years, well before they turn 18.
Early planning gives you time to
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