Getting Started With Special Needs Planning

Given the reality of busy schedules, disjointed services and a lack of quality information, one might question how families should get started with special needs planning. Numbers show that a very small percentage of people have long-term plans in place for their loved one with developmental disabilities; therefore, our blog features valuable considerations.

Getting Started

While challenges may be significant, due to healthcare advances, individuals with disabilities are increasingly outliving their caregiver parents. While this reality may seem to be a distant concern to some families, it’s important to start planning as early as possible. Depending on the child’s needs, ensuring their long-term quality of life has the potential to be quite expensive and complicated.

One may begin by talking to other parents who are in similar situations. It is always helpful to see if there is any advice to be offered. Additionally, the transition counselor at your child’s high school should be able to provide assistance and helpful resources. Other options include looking out for presentations on special needs planning offered by nonprofits, or local pooled trust programs.

Approaching Milestones

Consulting a special needs attorney is also a good place to begin, since they can provide a sound framework for comprehensive planning. In most cases, families have their first contact with a special needs attorney as a child approaches their 18th birthday. In most states, 18 marks legal adulthood, at which point parents may no longer have access to the individual’s health, educational, legal and financial records unless they take prior action.

These planning efforts ultimately consider whether or not establishing a power of attorney, health care proxy or guardianship might be appropriate. These cases take into account a loved one’s circumstances and what would provide the right foundation for independence, security and the ideal level of parental assistance. Another aspect of planning includes Supplemental Security Income (SSI) eligibility in which those with qualifying disabilities are suitable for benefits. Due to these components, understanding the ins and outs of public programs becomes increasingly critical.

In addition to mapping out benefits—which could also include SSDI (Social Security Disability Insurance), Medicaid, Medicare, food stamps and more─ a special needs attorney can help guide families through considerations that will determine which services their child will need throughout life and the costs to be associated with these needs.

Some questions to consider include:

• Is the individual with developmental disabilities able to work?
• Do they require full-time care?
• Where will they live?
• What type of social life are they likely to desire?

Based on answers to those answers, one is able to determine what will be covered by public programs and what must be paid for with private funds. An attorney aids in explaining how a special needs trust (SNT) and/or ABLE account can be used to pay expenses without jeopardizing eligibility for important government assistance programs. Attorneys can discuss funding sources—insurance, investments—and the possibility of involving a financial planner in order to determine the best way to efficiently and effectively manage the necessary assets.

Final Thoughts

A special needs attorney will have likely developed ties with care managers, therapists and other service providers within the community. As a result, they can be valuable guide to other resources needed by the individual and family.

Taking the first step towards long-term special needs planning may seem intimidating. But it’s the best way to ensure that a loved one with disabilities can remain financially and socially secure.

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