In helping a person with a disability, there are planning needs that should be mentioned to the family and/or person with the disability. A Special Needs trust may be part of the overall planning, but there are other aspects of Special Needs Planning that are important to address. If the person has had the disability from birth and lacks the ability to make decisions for themselves, they may well need to have a guardianship appointed for their benefit when they reach age 18.
The person may have enough capacity to make financial and healthcare decisions for themselves, in which case a set of Powers of Attorney are a good idea. This is desirable for anyone turning 18, actually, but the parent of a child who is turning 18 with a disability will want to take into consideration their adult child’s need for a degree of financial and personal independence to live a life with dignity.
If their adult child qualifies for Social Security Administration benefits, they will want to help their child apply for SSI benefits and take care to protect these benefits going forward. Likewise, they will want to obtain Medicare and Medicaid benefits. If the child’s disability is severe, there are state programs for receiving Medicaid benefits while living in the community. It may be desirable to help their child find a Community Integrated Living Arrangement or CILA to live among peers in the community and have a richer social life.
Their child may want to work part time to earn some money and have the sense of contributing to society in their own way. If this is desired, they may qualify for establishing an ABLE Account to deposit their earnings and not have to worry about SSI rules pertaining to those funds. There are many nonprofits that are dedicated to helping people with disabilities to live more independently as well as advocating for their rights.
With some people with disabilities it will be necessary to have a team of professionals helping to make sure their medical and personal care needs, financial investments and legal needs are properly met. A Letter of Intent is essential for helping transition a caregiver parent to the next descendant in line to serve as Guardian or agent in order to better understand personal preferences and values that the person has. In all, Special Needs Planning encompasses Estate Planning for the parents and family of the person with a disability, as well as the extra steps that can be taken to help them have a better life.
