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Boulder City Magazine® November 2007 Issue
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Lawyer's Edge
by Bruce L. Woodbury, Esq.
Jolley, Urga, Wirth, Woodbury & Standish
Planning For Your Special Needs Child
For parents of a child with disabilities, the most pressing question is “what will happen to my child when I am no longer here?” My wife and I are parents of such a child and are keenly aware of this concern.
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Today, more than 700,000 adults with disabilities live with caregivers over age 60. While this reflects a positive trend of longer life expectancies for the seriously disabled, it also presents challenges for older parents as they make plans to preserve their children’s financial security.
The following suggestions from “Solutions for Seniors” by James O’Reilly should be considered.
Create a “Life Plan.” This plan will serve as a guide for your child’s future care. Make a record of your instructions, including where your child will live, what types of enrichment programs he will attend, what type of daily care she will require, and who should assume a guardianship role.
Calculate the cost. Anticipate your child’s income and expenses, including costs for housing and enrichment programs, so that you can estimate the amounts needed for your child’s financial security.
Preserve public benefits. Consider how your actions may impact your child’s eligibility for benefits such as Supplement Security Income (SSI). SSI serves as the gateway to Medicaid and numerous other programs for a seriously disabled child.
Fund your “specials needs goal.” Most parents wish to supplement SSI income to provide their child with a higher quality of life. You may do this by setting aside funds through a bequest in your Will or Trust.
Use a Special Needs Trust. The only safe way to supplement the lifestyle of an individual receiving public benefits is to create a Special Needs Trust. Your estate-planning attorney can prepare such a trust to effectuate your overall estate-planning goals and protect your special needs child.
Bruce L. Woodbury is an attorney with the law firm of Jolley Urga Wirth Woodbury & Standish. To contact Bruce visit his website at www.juwws.com.
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