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Adult Guardianships

justmakingthebest's picture

Many of you know my adult SS20 who lives with us full time is/has Autistic, Bi-Polar, GAD, ADHD. We tried to get disability for him when he turned 18 and were rejected even though his school, psychologist and job coach all told us they recommended it when they were questioned. We filed for an appeal, which was "lost" and DH and I just didn't follow back up like we should have because of everything going on with SS15. 

We have a meeting with a lawyer today to start the process of getting adult guardianship of SS20. Has anyone else been through this process? We briefly discussed doing it back when he turned 18 but decided against it and tried to work with him more to see if he would be "launchable" at some point. Now that I have lived with him for 2 years and been involved with his job coach, rehabilitation mediator, counselor, etc- we have all collectively decided that it is time do just do it. We want to get it done before he is 21 and drops off of DH's insurance as well. The military won't let you keep children on after 21 if they aren't enrolled in college. 

We need to go through and file for disability again for him as well. He is working but makes under the cut off, so we should qualify, but we should have before as well. I would think that him losing his rights to be an adult essentially would help in his SSDI case as well, but who knows... 

Comments

Thumper's picture

About Tri Care:

Look into

Tri Care for Life.

He may qualify for medical coverage for the rest of his life. Submit the request for secondary dependency thru dfas

justmakingthebest's picture

We have to get him back on EFMP, but yes, that is another option. I think we are going to shoot for EVERYTHING and hope SOMETHING sticks!

Harry's picture

Gets medical insurance for life.  You must find out about that

Two.  Get a disability lawer.  Who knows how to do the paperwork for SSD.  They don't charge up front. But take payments out SSD  check until they get what owned to them. 
 

 

justmakingthebest's picture

Oh wow!! Good to know! Insurance is our big worry, as you can imagine SS is on 6 rx's and I don't even want to know what they would cost without coverage. 

simifan's picture

Firstly, when it comes to disabiity - third time is the charm. Just about everyone is turned down the first time, most the second time, the third time usually gets you a fair review. 

 

Guardianship of an adult is not easy or cheap. They need to be seen by a state appointed evaluator and it has to go to court. Someone who is considered incompetent can not simply sign their rights away. You may do better with a POA. 

 

justmakingthebest's picture

It actually isn't a bad process for us at least. I have a good attorney contact who does this and it is something his therapist wants us to do, so she will be on board with all the paperwork.

The big thing for our case is that SS, when asked, already responds with My dad and JMTB take care of me. I want to live with them. -- that is what the courts want to hear. 

Ilumine's picture

First of all, to get TRICARE For Life, your SS has have Medicare.  Medicare does not kick in until 2 years after you are declared legally disabled.  
 

https://www.ssa.gov/disabilityresearch/wi/medicare.htm

https://tricare.mil/-/media/Files/TRICARE/Publications/BrochuresFlyers/U...

 

However, after the ACA, TRICARE provides Adult Children over 21 to purchase TRICARE Young Adult. 
 

https://www.tricare.mil/Plans/HealthPlans/TYA