Special Needs Planning for the Future of a Loved One with a Disability

Posted on

Feb 22, 2016

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If you have a loved one with a disability, you most likely wonder what will happen in the event of your incapacity or death. You want answers to such questions as:
? How can I make sure they sustain their quality of life and ensure that their best interests remain a top priority?
? How can I make sure that excellent care and supervision are maintained throughout their lifetime?
? How can I provide the extras without jeopardizing their governmental benefits?
? How can I ensure a smooth transition of care to others thereby avoiding family conflict?
? How can I incorporate such plans in my overall estate plan?

Special Needs Planning-Legal Guidance
Special Needs Planning, involving a knowledgable and skilled attorney, provides parents peace of mind. A compentent legal team assists parents, of all ages, assess, plan, and document their intentions through the execution of wills, trusts, and letters of intent.
Ensuring Resouces for a Loved OneWills and Supplemental Needs Trusts
Ensuring a loved one remains eligible for necessary services and supports provided through government benefits, requires documentation of intentions through a properly executed Last Will and Testiment providing clear direction for proper distribution of their estate. Further, parents and grandparents should consider the establishment of a Supplemental Needs Trust, setting forth terms which specifically limit the distributions to only supplement but not supplant available government benefits.
Idaho law allows establishment of a Supplemental Needs Trust to provide funds to enhance the quality of life of a loved one during their lifetime and allows for residual distribution of trust assets to others. Careful drafting of the terms of the trust ensures trust distributions properly supplement government services provided to the person with disabilities without interfering with those benefits.
Special Needs TrustAvoiding Continued Disqualification

In contrast, if a well intended parent of grandparent does not engage in proper special needs planning and the loved one with disability inherits assets from the estate, the person may be disqualified from receiving necessary services and supports paid through government benefits until their assets transfer to a Special Needs Trust. To avoid continued disqualification, Idaho law allows for the establishment of a Special Needs Trust. However, all trust assets remaining at the time of the Beneficiarys death are subject to Medicaid Recovery.
Dreams and Quality of LifeThe Importance of a Letter of Intent:
A Letter of Intent sets forth the aspirations and dreams for the futureoutlining needs and identifying supports and services necessary to maintain a quality of life.

With Special Needs Planning complete, RELAX knowing you did everything possible to protect the quality of life for your loved one with a disability.

Charlene K. Quade, an Attorney with C.K. Quade Law, PLLC, provides Special Needs Planning specializing in Disability Law and Elder Law. Ms. Quade, a life long advocate for persons with disabilities, is the mother of an adult with Williams Syndrome.

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