Have You Planned for the Future of Your Loved One with Special Needs?

By Howard S. Krooks, JD, CELA, CAP

Caring for a child or loved one with special needs carries certain challenges that many cannot understand, and yet too many of us are confronted by these challenges on a daily basis. A Special Needs Planning Attorney can assist you with Medicaid Planning, planning for your loved one with special needs trusts and comprehensive estate planning. A Special Needs Planning Attorney recognizes that caregivers typically do not add up the cost of support and caring for an individual with a disability. Caregivers provide many services “naturally” and willingly to loved ones to help enhance their quality of life. These services might include any one or more of the following:

• Advocate
• Social service coordinator
• Companion
• Guardianship
• Job coach
• Chauffeur
• Personal care attendant
• Money manager
• Recreation director

If you become unable to provide these services or die without planning for the continuation of these services, your loved one’s quality of life may suffer.

An experienced Special Needs Planning Attorney will:

• Establish comprehensive care plans organized so that monies for your loved one with special needs will not be at risk from estate taxes or the long-term care costs of caregivers
• Assist with applying for SSI benefits for a person with disabilities
• Apply and qualify for Medicaid for a person with disabilities
• Provide for a person with special needs in your Will
• Apply for Guardianship
• Set up a Special Needs Trust
• Set up a Supplemental Needs Trust
• Assist in the creation of a Letter of Intent
• Inform you of the estate planning options available to you
• Assist families with long term care planning for loved ones with special needs

What is a Special Needs Trust?

A special needs trust (usually funded with the assets of the disabled individual) or a supplemental needs trust (usually funded with the assets of a third party, such as the parents of a disabled individual) makes it possible to appoint a trustee to hold property for the benefit of your disabled child after you're gone. A special needs trust provides for the needs of a disabled person without disqualifying him/her from government benefits programs such as Social Security and Medicaid.

Why Can’t I Leave My Assets to Other Family Members?

While it might seem like a good idea simply to leave a certain amount of money to your disabled child's sibling or other close relative, with the understanding that the money will be spent on the disabled child, this approach is not the best strategy and often produces negative consequences. For example, any one or more of the following can occur by leaving your assets to another family member: