Life Care Plan for People with Special Needs

Brad Smith • March 11, 2020
Until the late 1970s, people with disabilities did not have enough opportunities to reach their full potential and become a productive part of the workforce. However, the deinstitutionalization movement that began in late 70s and early 80s started a change in the social environment providing encouragement to people with disabilities to reach their full potential. In 1987 President Ronald Reagan declared March as “Developmental Disabilities Awareness Month”, a presidential declaration which was a real game changer in the society.
Although the idea that disabled people can be an essential part of the workforce was new to many, but for disabled people living in large numbers in the society, it allowed them to become the part of the general community, hence several programs to provide them career planning, job coaching and supported employment began. However, the challenging part was to overcome the perceptions of low contributions and counter the question of morality. Hence, in the Americans with Disabilities Act in 1990, it was declared that workplace discrimination against people with disabilities will be sanctionable.

The expectations that young people with developmental disabilities and their parents had begun to change. A productive, self-directed life became an achievable goal. As healthcare services improved, the life expectancy of people with developmental disabilities increased and post retirement lifestyle of these individuals became a concern. The shift in paradigm now highlighted the concerns regarding how these people are going to live a secure and fulfilling life. Individuals with Disabilities Education Act (IDEA) in 2004, dealt with these concerns, guaranteeing early intervention, special education and services to transitioning high schoolers into adulthood, hence opening a door of opportunities.
However, all these changes have not resulted in decrease in stereotyping. Young students with special needs still face bullying. When entering workforce, these individuals still face stereotypical differences. Although, media has played a significant role in emotionally portraying the stories of these individuals through film and literature, hurtful comments, abuse and neglect is still very common.

Taxpayer-funded programs for people with disabilities, are at higher risk because of the current economic environment. Schools have shrinking budgets, and find it challenging to keep up with the special education mandates.
Is been 25 years since the development of Developmental Disabilities Awareness Month, and during this period, the world has changed significantly. There are many challenges that we need to take on such as fighting for more advances as well as retaining the accomplishments of past decades.

Developing A Life Care Plan

Life care plan is a document whose goal is to ensure that the people with special needs are provided all the necessary economic security and services which will allow them to live a fulfilling life while being least dependent on anyone else. It is an evolving document that should cover the following concerns:
  • Measure the support that would be required, in terms of its cost, which may differ according to the individual’s disabilities and their desired lifestyle,
  • Identify the list of government benefits for which the individual is eligible and can benefit from
  • Include the financial plan for complementary publicly provided services such as Special Needs Trust (SNT), in case means tested government benefits are required,
  • Should recommend guardianship or power of attorneys, in case the individual may not be able to make important decisions individually,
  • Letter of intent containing medical, educational and personal details to provide caregivers a guide about the individual history when their parents have passed away.

Transition Planning

Transition planning is a process which allows you to prepare a young person with special needs for their adulthood. The best time to start addressing the Individual Educational Plan (IEP) is when the individual turns 15. Some questions that needs to be addressed when building the transition plan are as follows:
  • What are the academic, social and life skills that the individual needs to become as independent as possible?
  • Will the individual be living in group residence or in a supported apartment? 
  • What career does the individual aspire to have? 
  • What is the individual’s vision about his/her social life?
It is suggested that there should be high involvement from the individual with the special needs in the planning process. Additionally, once the individual reaches the age of 18, they are legally an adult (19 or 21 in some states). Hence if the individual will continue to need assistance while making decisions such as education, health care or finance, the parents should apply for guardianship or create appropriate power of attorneys.

Support Services Available After High School

The available services for individuals with special needs vary from state to state. Medicaid introduced “waiver” programs which address career development, residential options, and day habilitation. It offers skill assessment, training, resume assistance, counseling, job placement and supported employment. You should visit your state office to check the disability services details.

Applying for Guardianship: Compulsory or an Option?

When an individual turn 18 (19 or 21 in some states), he/she is an adult according to the state, hence parents cannot access the adult’s child health record or take an active role in their IEP meetings. Hence, taking a legal action and applying for guardianship role is a suitable option. However, it impacts various individual aspects such as privacy, independence and decision making.

A health care proxy is responsible for taking decisions when an individual with special needs cannot do so themselves. Power of attorney (financial or education) has access to records, can participate in discussions and have signing authority. They cannot interfere in decision-making but can assist you in assessing the alternatives.

Letter of Intent (LOI)

A letter of intent summarizes all the important details that the guardian/trustee requires to take care of the individual with special needs when their parents no longer can. It is a single document which contains all the medical and educational history, individual likes dislikes and habits, aspirations about the future, living arrangements, career in life. LOI is a guideline for caretakers to minimize the trouble during the sensitive transition period.

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