Transition planning for the future: Health insurance/other legal documents/special needs trusts/ guardianships

gvelazquez@gvcerv.com

3 years ago

Transition planning for the future: Health insurance/other legal documents/special needs trusts/ guardianships

Planning for your kids’ future can be daunting, but parents of children with special needs must take a few extra steps to make sure their children will be taken care of in adulthood. The list below gives you an overview of the topics you should start thinking about and planning for. Be sure to fully discuss these options with your support team, as your own individual challenges will dictate the best options and resources for your family.

Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI)

At age 18, individuals become eligible to apply for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). SSI provides monthly payments to adults and children with a disability or blindness and who have income and resources below specified amounts. More information about how to apply can be found here: https://www.ssa.gov/benefits/ssi/

Medicaid

Medicaid is free or low cost health insurance that covers doctor visits, prescriptions, vision, dental care, mental health services, and hospitalization. In most states, Supplemental Security Income (SSI) beneficiaries are a mandatory population for state Medicaid programs and are automatically eligible for Medicaid. Adults in the Social Security Disability Insurance (SSDI) program may also obtain Medicare after a 24-month waiting period.

Medicaid Personal Preference Program

At age 18, individuals become eligible to apply for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). SSI provides monthly payments to adults and children with a disability or blindness and who have income and resources below specified amounts. More information about how to apply can be found here: https://www.ssa.gov/benefits/ssi/

Estate Plan

Estate planning is important for all parents, but when you have kids with special needs, it is essential. If you haven’t already done so, consult an attorney to develop an estate plan that should, at a minimum, include a will, health care proxy, and power of attorney. These documents let you specify what should happen and who should care for your child if you die or become incapacitated.

Special Needs Trust

If you name your child individually as the beneficiary of life insurance or any other financial account, that money could disqualify your child from SSDI/SSI and Medicaid. If your child is or will be receiving government benefits, be sure that any money you bequeath in your will is paid through a special needs trust. A special needs trust is set up by an attorney so the money you bequeath will be deposited into a trust managed by a trustee whom you appoint. To set this up, consult with an attorney who specializes in special needs trusts.

Guardianship

Guardianship, also known as conservatorship, is the legal process of appointing a guardian to make medical, financial, educational, and other decisions for another person. Typically, parents make these decisions, but when a child turns 18, parents no longer have that legal authority. To be appointed legal guardian of your adult child, you need to petition the court. In New Jersey, two reports must be signed under oath attesting to the individual's need for guardianship, one of which must be submitted by a DDD official. Please be aware that a DDD official is only able to sign such a report if he or she or DDD staff has first hand, personal knowledge of the individual. If this is not the case, then a second affidavit will be needed from a physician or NJ licensed psychologist. Your state’s Division of Developmental Disabilities will have more information about the options for guardianship and how to apply. https://www.state.nj.us/humanservices/ddd/services/guardianship/

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Harbor School a private special education school in Monmouth County, New Jersey

Our mission at Harbor School is to help all of our special needs students with learning, social, language, behavioral, and other disabilities. Our highly skilled staff are committed daily to helping each student reach their full potential.

We would be more than happy to discuss your child's specific needs and challenges, so please call us at 732.544.9394, or request a tour at Harbor School in Eatontown, NJ. We are located just minutes off of the Garden State Parkway at exit 105 and conveniently located off of Route 35 and Route 36 in Monmouth County, NJ.

LeRoi R. Jones,
Principal-Harbor School, Eatontown, NJ

Request a Tour

732.544.9394