{"id":1418,"date":"2022-09-30T01:00:57","date_gmt":"2022-09-30T01:00:57","guid":{"rendered":"https:\/\/law-oh.com\/?p=1418"},"modified":"2022-08-05T13:57:27","modified_gmt":"2022-08-05T13:57:27","slug":"the-estate-planning-process-for-individuals-with-special-needs","status":"publish","type":"post","link":"https:\/\/law-oh.com\/the-estate-planning-process-for-individuals-with-special-needs\/","title":{"rendered":"The Estate Planning Process for Individuals with Special Needs"},"content":{"rendered":"

In what ways are special needs defined? The term special needs refer to those with learning difficulties, behavioral or emotional problems, or physical disabilities requiring specialized education. For example, individuals with autism, ADHD, Asperger syndrome, Down syndrome, dyscalculia, dyslexia, deafness, blindness, and cystic fibrosis fall into the\u00a0special needs category<\/a>, as do cleft lips, missing limbs, and more. The US government combines this group into the overall classification of disability, and current\u00a0US Census data<\/a>\u00a0estimates the US disabled population to be 12.7 percent or 41.1 million individuals.<\/p>\n

Making plans that address your special needs child’s lifetime of physical and cognitive impairments requires careful thought and planning. When looking toward the future, consider their ability to make decisions and make the necessary resources available. You can provide for them financially, allowing them to live as independently as possible using specific legal arrangements for their protection. When you are no longer around or able to help, the foundation for continued care you set today will ensure your child has the best possible chance for a successful future.<\/p>\n

Special Needs Planning<\/h1>\n

Achieving your planning goals begins with understanding the financial implications of your loved one\u2019s situation. The top priority is typically providing for your special needs child\u2019s financial security. Much of this security will come from government services like Social Security Disability Insurance (SSDI<\/a>), Social Security Income (SSI<\/a>), and\u00a0Medicaid<\/a>. Supplemental family funds in a special needs trust or a life insurance policy can enhance their financial future further. When financial resources or gifts are carefully added to the plan, they will not disrupt government eligibility qualifications. A special needs or disability attorney is familiar with maintaining all possible avenues of support through legal techniques.<\/p>\n

Creating a Team<\/h1>\n

Beyond securing their financial future, as a family, you need to identify the special needs child\u2019s support team. You might select a guardian (and backup guardian) to make medical or life decisions for an adult child if they are unable. If there is a special needs trust, you must appoint a trustee to oversee the trust. Having a trustee different from the named guardian is an excellent checks and balances system. If possible, involve your special needs child in the discussions and planning process. Many special needs individuals are capable and want to provide input about who they want and don\u2019t want to be involved in their lives.<\/p>\n

These discussions can be difficult for parents as they may feel no one will ever match their ability to provide their special needs child with adequate care as they age. Each family must work out issues and make compromises, keeping the child\u2019s best interest in focus. Professional personal care assistance can relieve the principal care provider, usually the guardian, and give families extra flexibility. Some care options to consider include:<\/p>\n