Special Needs Family Hour Podcast - Turning 18: How to Legally Protect Your Special Needs Child for Life

In this essential two-part episode of The Special Needs Family Hour, host Julie Ames and special guest Emma Hemness, a highly experienced elder law and special needs planning attorney, provide critical guidance for parents and caregivers of children with developmental disabilities, autism, intellectual disabilities, and neurodiversity. Part 1: Guardianship & Guardian Advocacy Julie shares her family’s personal experience navigating guardianship for her two daughters on the autism spectrum. Emma explains what changes legally when a child turns 18, why parents suddenly lose decision-making authority, and the real-world problems this creates with doctors, pharmacies, insurance, and more. They break down: The differences between full guardianship, Florida’s simplified Guardian Advocacy, durable powers of attorney, and healthcare surrogates. When legal documents are enough versus when court-backed guardrails are necessary to protect against exploitation, bad decisions, contracts, marriage, and financial risks. The step-by-step guardianship process, annual reporting requirements, standby guardians, and how to plan for the future. Florida’s strong protections for vulnerable adults. Part 2: Long-Term Planning, SSI, Special Needs Trusts & ABLE Accounts Emma details how to secure your child’s future through proper estate planning. Topics include: Applying for Supplemental Security Income (SSI) and Florida Medicaid after age 18. Why a Special Needs Trust (Third-Party vs. First-Party) is crucial to protect inheritance and government benefits. How ABLE accounts work, their annual limits, and when to use them. Common mistakes (such as leaving money directly to a child or sibling) and how to avoid losing benefits. Choosing trustees, naming standby guardians in your estate plan, and creating peace of mind for lifelong care. Filled with practical advice, real-life examples, and actionable steps, this episode empowers families to protect their loved ones’ rights, benefits, health, and financial security — both now and after the parents are gone. Guest: Emma Hemness, Board Certified Elder Law Attorney, Hemness Fowler Elder Law, Board Member of the Special Needs Alliance. Resources & Contact: Visit specialneedsfamilyhour.com for more episodes, the monthly newsletter, and show notes. To consult with Emma Hemness: hemnesslaw.com or search “Hemness Fowler Elder Law” in Brandon, FL. Phone: 813-816-2637 You are not alone. Plan ahead with confidence and give your special needs family the security they deserve. Resident Therapist Julie Ames will be joined by Board Certified Elder Law Attorney Emma Hemness for an extended, updated conversation Guardianship with Emma Hemness, Attorney at Law. Emma Hemness, Special Needs Lawyer Emma will discuss the Guardianship process for your special needs child, 18 years old and older.  Long Term Care, SSI, Trusts, and ABLE Accounts with Emma Hemness, Attorney at Law.  See omnystudio.com/listener for privacy information.