The most pressing issue for parents with a disabled child is probably determining what will happen to that child when they die. It is estimated that there are over 700,000 adults with disabilities who have parents over age 60 in the United States. This statistic reflects the need for people to plan in advance, since decisions will have to be made for a disabled child when his parents are no longer capable of caring for him.
A simple, so-called life plan will serve as a road map for all the people who will help raise the child, determine his daily care, assist with medical decisions and attend to finances. This plan may be written, recorded, or perhaps put on a computer disk, which may be updated every year as the child’s needs change.
In addition, parents should establish their child’s anticipated expenses and then fund a special needs or supplemental needs trust to ensure that his needs will be met in the event that governmental benefits are insufficient. This may include medical, housing and enrichment programs. The cost of inflation should also be considered.
While attending to financial issues, parents must also consider the potential for public benefits to assure that they are not lost. These may include supplemental security income, food stamps, housing, fuel assistance and possibly a monthly benefit from SSI or some other government source. Parents must be sure that their child’s needs are met even if that means losing one form or another of government benefits.
In short, a trust that attends to all of the needs of the child and a life care plan are important considerations that parents must not overlook when planning to provide support for their special child throughout his lifetime. In addition, the right trust may make it possible to avoid probate, minimize or possibly eliminate taxes and also preserve additional funds for the ultimate beneficiaries after the disabled child has died.
A “special lawyer” should be consulted who understands the needs of disabled individuals and their families while attending to all of these issues. One of the best sources to locate this type of attorney is through the Special Needs Alliance, which is made up of approximately 100 lawyers from across the United States, who must be invited to join the organization. They are normally recognized by their peers for competence, leadership and their expertise in preparing plans for disabled families. These attorneys may be located at www.specialneedsalliance.com, and I am a member.
By: Hyman G. Darling, Esquire
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