Client/Visitor Center

Special Needs

Other Considerations

Physical and Emotional Care of the Special Needs Individual:

Guardianship Issues
Who should assume the role of primary caregiver after the death or disability of the current primary caregiver?

Should the new primary caregiver(s) be given formal status as guardian of the person?

Should the same party acting as the guardian of the person act as guardian of the property?

Financial Considerations: Government Programs

Are government programs being used to assist in the care of the individual with the special need?

Will government programs be used to assist in the care of the individual with the special need after the demise of the current primary caregivers?

If government programs are to be used, review the means tests that are used to qualify for these programs.

Is the level of care provided under government programs sufficient for the financial and physical well-being of the individual with the special need?

Other Family Issues
Are there other children in the family?

Are there minor children in the family? What level of support will they need?

Estate Tax Issues
What is the expected size of the gross estate?

What, if any, is the potential estate tax liability?

Is there sufficient liquidity to meet this estate tax liability?

Planning Considerations
Will the special needs trust be appropriate to the current situation?

Consider the needs of the rest of the family. Have they been accounted for in the planning process?

Chart where the estate assets will pass. Who will be responsible for the special needs family member's physical and emotional care?

Who will be responsible for that family member's financial care?

Government & Charitable Programs
State and federal government programs provide educational assistance, care institutions, medical facilities, and financial help. These programs are often based on need. The following three are the most well known:

  • Social Security makes payments directly to the child based on either the parent's or the child's earnings record.
  • Medicaid is state run and federally underwritten, and is designed to pay medical expenses. It's generally needs based and the "means test" used for qualification varies from state to state.
  • Supplemental Security Income provides funds to people with disabilities below a certain level of resources and income.

Charitable organizations provide counseling, aid, medical assistance, home care assistance, and many other services.

Important questions to ask about government programs:

  • Are you currently using government programs to assist in the care of the person with special needs?
  • Do you plan to continue using government programs in the event of the primary caregiver's death or disability?
  • Have you reviewed the "means tests" used to qualify for these programs?
  • Do you feel confident that the level of care the program provides is sufficient for the financial and physical well-being of the person with special-needs?

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