Introduction: The transition to adulthood for a child with a disability is a crucial stage that requires careful and thoughtful preparation.
In addition to educational and professional aspects, parents must also consider legal aspects to ensure their child’s safety and well-being, even in their absence.
Here are a few thoughts to guide parents through this important stage, when they have a lot to deal with.

1. OPENING OF A PROTECTION REGIME (GUARDIANSHIP)

Parents are the legal guardians of their children from birth until the eve of their ^18th birthday.
They have parental authority and can make decisions on their children’s ^behalf1.
As soon as the child reaches the age of majority, in the eyes of the law, they become capable of fully exercising their civil ^rights2 and become able and autonomous.
However, in the case of children living with a disability, we are well aware that their situation will not magically change on the night of their ^18th birthday.

It is in anticipation of this legal change that parents should consider putting in place measures to continue to protect and legally represent their disabled child once he or she reaches adulthood.
These measures are designed to ensure proper management of the child’s personal and financial affairs.
It’s important to start the process sooner rather than later, as it can take several months.
You can start as early as the child’s 17th birthday.

A visit to your notary would be a good idea, so that he can explain in detail the steps involved in opening a guardianship regime, and so that you can be prepared for what’s to come with your adult child, who still needs your assistance as much as before.

2. ESTATE PLANNING:

For all parents, the thought of no longer being present to care for their children is a daunting one, but it’s crucial to be proactive in putting the necessary arrangements in place for this eventuality.
This need is even more pressing for parents of disabled children.
Estate planning becomes a vital step in ensuring the financial and legal security of your disabled child.
Consulting a specialist notary can be beneficial in drawing up a will clearly specifying the parents’ wishes regarding guardianship, property management and financial support when they are no longer around to see to it themselves.
It’s a good idea to discuss the advantages of a fiduciary will according to each family’s particular situation.

SEARCH FOR FINANCIAL SUPPORT AND SUITABLE HOUSING

It’s crucial for parents to find out about their disabled child’s legal rights, as well as the government assistance available, such as social benefits, subsidies for adapted housing, and the specific privileges and rights available to disabled adults, including the Disability Tax Credit (DTC⁾³, which is the gateway to a number of advantageous financial measures.
There are many requirements, medical reports and forms to submit before you can apply.

In short, the transition to adulthood for disabled children requires careful planning and a thorough knowledge of the legal aspects.
A short visit to your notary in the year leading up to your child’s ^18th birthday will provide you with valuable information and advice to guide you through these important steps, to ensure a smooth and secure transition to this new phase in your child’s life.

¹ Civil Code of Québec, art 177 et seq.
2Id, art 153
3Disability Tax Credit (DTC) – Canada.ca