Special Needs Planning
"Protecting Special Needs Children And Their Families"
Special Needs Planning
Transition and Life Care PlanningWhere is your son going to live when he can no longer live with you?
Will he move in with a sibling? Or into a group home? Who will make the
decision? Who will monitor the care he receives? It's never too soon to
begin answering these questions and making sure that the living and
support arrangements are in place.
In some cases, it can ease the transition for all concerned if the child moves to the new living arrangement while his parents can still help with the process. In many parts of the country, non-profit organizations and private consultants can help set up the plan, research available options, and assist in the move. It will help everyone involved if the parents create a written statement of their wishes for their child's care. They know him better than anyone else. They can explain what helps, what hurts, what scares their child (who, of course, is an adult), and what reassures him. When the parents are gone, their knowledge will go with them unless they pass it on. In almost all cases where a parent will leave funds at death to a disabled child, this should be done in the form of a trust. Trusts set up for the care of a disabled child generally are called "supplemental" or "special" needs trusts. Money should not go outright to the child, both because she may not be able to manage it properly and because receiving the funds directly may cause the child to lose public benefits, such as Supplemental Security Income (SSI) and Medicaid. Often, these programs also serve as the entry point for receiving vital community support services. Some parents choose to avoid the complication of a trust by leaving their estates to one or more of their healthy children, relying on them to use the funds for the benefit of their disabled siblings. Except in the case of a very small estate, this is generally not a good idea. It puts the healthy child in the difficult position of having to decide how much of her money to spend on her sibling. Such funds also will be subject to claim by creditors and at risk in the event of divorce or bankruptcy. Finally, the child who receives the funds may die before the disabled child without setting these funds aside in her estate plan. |
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Fabisch Law, L.L.C.
401-324-9344
Rhode Island Main Office
2 Dexter St.
Pawtucket, Rhode Island 02860
East Bay, Rhode Island Office
555 Metacom Avenue
Bristol, Rhode Island