Attorney & Mediator
Attorney & Mediator

Planning for Your Special Needs Family Member

If you are caring for a family member that has a disability, you worry about the future.  What happens when you aren’t there anymore to care for him or her?

Have you done the right kind of planning?  Or, have you put it off?

Now is the time to start planning for your disabled family member’s future.  You and your family should consider the following issues:

  • Where will my loved one live when I’m no longer here to care for him or her?
  • What financial needs will he or she have in the future?
  • How can we assure that our loved one will have the same quality of life as he or she does now?
  • Who will administer his or her funds? How do we assure that the funds are managed and used to the best advantage?
  • How do we make sure that Social Security and Medicaid benefits won’t be affected?
  • If we leave an inheritance, what impact will it have on his or her benefits?

The way to make certain that your loved one is well cared for when you are no longer here is to establish a Special Needs Trust.

This trust can provide for the “extras” that are not available when an individual relies totally upon public benefits.  While the funds cannot be used for food or rent, there is so much more that you want your loved one to have.  These funds can bridge the gap between the basic, bare bones existence that is possible on public benefits and maintaining the current standard of living.  It will provide funding for dental and eye care that is not covered by Medicaid.  It can also provide funds for entertainment and travel expenses.

A Special Needs Trust can provide the right future for your loved one, while providing you with peace of mind.  You will be assured that the life of your loved one will be enhanced and enriched, in the way that you would do, but when you are no longer here.

Special Needs Planning

Parents with special needs children live with the daily challenge of caring for this special child – both emotional and financial.  Unfortunately, many parents believe that they must disinherit the child in order to preserve government benefits. 

This places the child at peril and/or places the other children in the family with a significant burden. With appropriate planning, the special needs child can be provided for without risking his or her governmental benefits.

The first question that a parent will ask is, “Who will care for my child when something happens to me?” Most parents assume a sibling will provide the emotional and financial support for their special needs child. A family member can, in all likelihood, provide the love and emotional support for the special needs child.  It can be a heavy financial burden to expect that family member to provide financial support as well.

Creating a Special Needs Trust (SNT) is a solution.  This can provide the special needs child with the amount of care and support that the parents find appropriate after the parents are gone. This Trust can provide financial resources for the child that will not affect his or her eligibility for the all‑important government benefits such as Social Security Supplemental Income (SSI), Medicaid, and housing subsidy benefits.

The Special Needs Trust provides support for the child as long as this support does duplicate that provided by government benefits. So assets from a Special Needs Trust may be used to purchase items that will enhance the child’s quality of life, such as entertainment, family vacations, etc.

A Special Needs Trust must be carefully crafted to achieve these goals and to conform to federal guidelines and state requirements.  A properly and carefully crafted Special Needs Trust, however, will allow your child to receive the benefits of inheritances from you and other loved ones all without jeopardizing the child’s government benefits.