Special Needs Planning

I have a daughter who is still mostly non verbal and seems to have traits along the autistic spectrum.  However, she still does not have a diagnosis and there is currently no real treatment plan.  I understand the worry and frustration associated with having a child with special needs.

When you know your child needs you and relies upon you, planning for the time when you may not be able to provide for your child can be a very emotional ordeal.

Financial Problems

When a special needs child becomes a special needs adult, he usually must apply for SSI and Medicaid which (once approved) will give only about $800 per month to live on.  It is only natural that family and friends will want to help.  However, a financial gift to someone dependent on these benefits will leave him in worse condition then if the gift was never made.

When the gift is received he may lose his eligibility and will not be eligible to reapply until he is once again destitute.   Now he has no money left and no benefits while he waits for a decision on his eligibility.  Sometimes this process (with appeals) will take two years.  How will he survive during that time?

The worst thing that can happen is that those who are providing for a special needs person leave a gift of life insurance to assist him when they are gone.  After the money is gone and he is once again applying for benefits, no one will be there to help him until his benefits are approved.

Emotional Problems

If you have a special needs individual whom you care for, you know that there are times when even arranging to go out for an evening is an ordeal.  Who can care for this person who depends on you?  Who will be willing to?  Who will know what to do?  Who would your loved one feel comfortable with?  My wife and I sometimes find ourselves choosing to stay in rather than try to find someone who will be able to understand our daughter and appropriately care for her.  If we do leave her in someone else’s care we write volumes of specific instructions about her schedule, care, and routine.  What happens if something happens to us?  Who will care for her then and how will they know what to do?

Solution

To solve the need for additional finances and the need to provide an appropriate caregiver with instructions, Special Needs planning turns to a special needs trust.  In Kansas you must use a specific type of special needs trust called a Supplemental Needs Trust.  Through the use of this very intricate legal document you will be able to provide an avenue for yourself and others to provide money, life insurance, and other assets to supplement your loved one’s needs without losing eligibility for the benefits being received.  However, it must be properly structured and put in place ahead of time.  Also, this trust allows you to specify how you wish for your Special Needs loved one to have the type of care you want.  You may leave detailed instructions.

Contact us to schedule a Special Needs Planning consultation today.