Many families assume it’s better to disinherit their child with special needs. Their intentions are loving—they don’t want the child to lose their government benefits as a result of inheriting; they don’t want to do their child more harm than good. They think it would be better to leave everything to their other children, trusting that those children will take care of the child with special needs.
Unless you have a crystal ball, it’s impossible to predict what the future holds. Should you become unable to make your own decisions, it is imperative to appoint someone to take care of your affairs and make healthcare decisions on your behalf. Additionally, in order to ensure that your assets are passed on to your loved ones without problems, high legal fees and time delays, it is important to start your planning today.
It is a little-known but important fact that receiving benefits of one kind can affect benefits of another kind, sometimes adversely.
Take the case of Sally and her son, Paul. Sally is a constant advocate for Paul, who has special needs. Paul is currently receiving Medicaid and Supplemental Security Income (SSI). Sally is also receiving Medicaid.
The Suffolk County Sheriff’s office has implemented the Project Lifesaver program. Project Lifesaver is a countywide emergency response locator system to help locate someone with cognitive impairments who may have wandered or gotten lost.
The client wears a battery-operated transmitter bracelet that emits a signal every second of every day (24/7). When a caregiver notifies the Sheriff’s office that someone with a Project Lifesaver bracelet is missing, specially trained rescue personnel are immediately dispatched to track the signal and help locate the missing person. The signal can be tracked for up to several miles by air and by land.
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On Wednesday, September 9, The Special Needs Trust Act was passed! The passage of this legislation establishes liberties for persons with disabilities which had been previously denied to them.
Prior to passing the Act, only a parent, grandparent, legal guardian of the disabled individual, or a court could establish a special needs trust on behalf of the disabled individual.
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