Special Needs Planning is a legal planning process important to any person or family member who has a disability. Disabilities can be diagnosed at birth, can be seen in adults, and can be caused at any age by illness or injury. Special Needs Planning can occur at any point during life; however, early planning helps ensure that important public benefits are not jeopardized. Planning at the point of crisis may include fewer options for the present and future needs of a person diagnosed with a disability. 

If your loved one has a physical, emotional, or medical condition resulting in a disability, special needs planning is essential. Without special needs planning, you and your loved one could miss out on a wealth of free resources that would enhance your loved one’s life. We understand the complex decisions facing the families of a loved one who has a disability, and we help guide decision makers as they provide for their loved ones’ needs. Our special needs plans are created to meet your specific current and future goals and will truly enhance your loved one’s life. We will guide you step-by-step through the special needs planning process. Call us at 1-800-351-8334. 

• Plan before a crisis: Talk with an attorney experienced in Special Needs Planning to make sure that important documents are in order. Using an attorney unfamiliar with the laws that govern special needs trusts and government benefits may result in loss of benefits, financial hardship, and a diminished quality of life.
  • A special needs trust/supplemental needs trust may be established. Special needs trusts must be very carefully drafted with a full understanding of all regulations that apply to trusts in the state of Pennsylvania. An incorrectly designed trust could create serious consequences for the beneficiary, defeating all good intentions.
  • A current will should name the special needs trust rather than the person with a disability as beneficiary.
  • Beneficiary designations for insurance policies, annuities, retirement accounts or transfer on death accounts should name the special needs trust, not the person with a disability.
  • Parents of a minor child with a disability should have financial and healthcare powers of attorney and may need a standby guardian.
  • A guardian or caregiver should be appointed to step in if the parent no longer is able to provide care.
  • If a child with a disability is 18, that child should have their own powers of attorney and will.
  • If the child who is 18 with a disability is not expected to be able to live independently, a guardianship may be necessary.

• A Summary of Our Wishes should be developed. This will guide future caregivers, trustees, and family members, and will provide a seamless transition in care.

• Participate in goal setting related to housing, post-high school vocational planning, and recreational and lifestyle decisions. Addressing these issues early and completely will ensure that opportunities for a full and rewarding life are not overlooked.

• Develop an understanding of your child’s eligibility for public benefits.

• Plan to utilize public benefits, government and community programs and services to increase opportunities during your child’s life.

• Arrange for health insurance. Minor children with a disability living in Pennsylvania should have Medical Assistance Insurance. They may also have private insurance with Medical Assistance as a supplemental insurance. A child turning 18 must apply and be approved for Social Security benefits. Over the course of a lifetime, the Medical Assistance insurance provided through Social Security is far more valuable than the income received through Social Security.

Examples

• An aging couple came to the law firm to begin their estate planning and wanted to provide for their adult daughter who had a seizure disorder. We accomplished their legal planning, including updated wills and powers of attorney, trusts to protect their home and assets, and a special needs trust to benefit their daughter. We engaged the family in a visioning process through the Summary of Wishes. Beyond concerns about their daughter’s future needs, it was clear that they needed a break from their current day to day caregiving responsibilities. We referred their daughter to a community program serving adults who have disabilities. She is able to spend several hours a day engaged in socially stimulating activities while her parents enjoy freedom from their caregiving responsibilities for the first time in years.

• A caseworker called from the local office of mental health. Her client had unexpectedly inherited her brother’s estate, putting her SSI benefits in jeopardy. We drafted a first party special needs trust to receive the inheritance, preserving benefits and providing for the future needs of the beneficiary.

• A referral from a personal injury attorney involved a young man who was severely injured and in need of round-the- clock care. We recommended an assessment by a life care planner, who could estimate the cost of the disability over the expected life of the client. This resulted in a significantly higher settlement. We created a first party trust for the settlement funds. In addition, the family had been providing much of the young man’s care, so a caregiver agreement was executed that allowed those caregivers to be paid out of the trust funds. Finally, we scheduled interviews between the family and corporate trustees and negotiated the trustee’s fee for administering the trust.

• A young working woman was having a difficult time paying the co-pays for her very expensive medication. She also was at risk for losing her private health insurance. Because she was able to work part time, we assisted her in enrolling in the Medical Assistance for Workers with Disability (MAWD) program. Because her family had given her financial gifts as a child, her assets were over the eligibility limit. We drafted a first party trust to hold the funds that put her over the asset limit. She was approved for the Medical Assistance insurance through this program. In addition, a third-party trust was established to receive future gifts from her family.

• The family of a son with autism wanted to encourage their son’s artistic abilities and provide him with a chance to earn money through his art. We helped them establish a business to market his artwork and legal documents and a plan to make sure his benefits were preserved. In addition, a special needs trust was established to receive future gifts and inheritances.