October 2025: 

The MLO Minute: “The Importance of Power of Attorney for Adult Children with Special Needs” — 

By Lesley Mehalick, J.D., LL.M., Supervising Partner of the Estates and Trusts Department — 

As children with special needs reach adulthood, parents face critical decisions about legal protections and decision-making authority. Understanding the role of a Power of Attorney (POA) to act in financial, medical and legal matters has become increasingly important, especially in light of Pennsylvania’s evolving guardianship laws.

Under Pennsylvania’s new guardianship rules, the law emphasizes more than ever that the “least restrictive alternative” should be utilized when establishing legal protections for adults with special needs. This trend in legal philosophy makes a Power of Attorney an attractive option worth considering, provided the child has sufficient capacity to execute the document, and that it is believed to provide sufficient protection for the child.

A Power of Attorney offers significant advantages and preparing one is a relatively straightforward process.  The Power of Attorney allows an adult child to designate a trusted family member to assist with financial, medical, or legal matters while preserving their autonomy. This approach respects the individual’s dignity and independence, aligning with modern disability rights principles.

However, families must understand an important distinction: when creating and utilizing a Power of Attorney, the Principal — the person providing the authority to a trusted adult Agent to act on the Principal’s behalf — retains full ability to act independently. This dual authority can create vulnerability, as the individual with disabilities can remain vulnerable to become a victim of designing persons who seek to exploit or manipulate them.

If susceptibility to designing persons is a particular concern, or if an adult child lacks sufficient mental capacity to execute a Power of Attorney, guardianship — including perhaps a limited guardianship to address areas of particular concern — may be the appropriate alternative. Guardianship provides greater protections and oversight but comes with additional requirements, including ongoing reporting to the courts and more significant restrictions on the individual’s autonomy.

The decision between a Power of Attorney and guardianship requires careful consideration of all family circumstances, the individual’s capabilities, their vulnerability to exploitation, and their need for protection. Consulting with an attorney experienced in special needs planning ensures families choose the option that best serves their loved one’s interests.