What are special needs? Special needs is a specific disability type requiring focused attention on education for those with learning difficulties, behavioral or emotional problems, or physical disabilities. For example, individuals with autism, ADHD, Asperger syndrome, Down syndrome, dyscalculia, dyslexia, deafness, blindness, and cystic fibrosis fall into the special needs category, as do cleft lips, missing limbs, and more. The US government combines this group into the overall classification of disability, and current US Census data estimates the US disabled population to be 12.7 percent or 41.1 million individuals.
Making plans that address your special needs child's lifetime of physical and cognitive impairments requires careful thought and planning. When looking toward the future, consider their ability to make decisions and make the necessary resources available. You can provide for them financially, allowing them to live as independently as possible using specific legal arrangements for their protection. When you are no longer around or able to help, the foundation for continued care you set today will ensure your child has the best possible chance for a successful future.
Achieving your planning goals begins with understanding the financial implications of your loved one’s situation. The top priority is typically providing for your special needs child’s financial security. Much of this security will come from government services like Social Security Disability Insurance (SSDI), Social Security Income (SSI), and Medicaid. Supplemental family funds in a special needs trust or a life insurance policy can enhance their financial future further. When financial resources or gifts are carefully added to the plan, they will not disrupt government eligibility qualifications. A special needs or disability attorney is familiar with maintaining all possible avenues of support through legal techniques.
Beyond securing their financial future, as a family, you need to identify the special needs child’s support team. You might select a guardian (and backup guardian) to make medical or life decisions for an adult child if they are unable. If there is a special needs trust, you must appoint a trustee to oversee the trust. Having a trustee different from the named guardian is an excellent checks and balances system. If possible, involve your special needs child in the discussions and planning process. Many special needs individuals are capable and want to provide input about who they want and don’t want to be involved in their lives.
These discussions can be difficult for parents as they may feel no one will ever match their ability to provide their special needs child with adequate care as they age. Each family must work out issues and make compromises, keeping the child’s best interest in focus. Professional personal care assistance can relieve the principal care provider, usually the guardian, and give families extra flexibility. Some care options to consider include:
Create a letter of intent (LOI) to address family history, daily schedule, medical care, education, benefits received, possible employment, and a general overview of your child’s life to date. Also include employment hopes, residential social and religious environments, behavior management, foods (including any allergies), and your hopes for their future. You can also explain expectations for your special needs child’s final arrangements for funeral services and burial.
Some options for your special needs child’s future are only available with additional private funding. However, with the right planning, all children and adult children with special needs can qualify for appropriate life care. Discussing care options with the family and a special needs attorney or disability lawyer is the first step in creating the best plan possible for your special needs child. Contact Rochester Elder Law to schedule a consultation.
Still have questions?
Centrally Located in Brighton
near Cobbs Hill:
1399 Monroe Avenue,
Rochester, NY 14618
Map & Directions
Subscribe now and get our FREE Guide, "The Top Eight Mistakes People Make with Medicaid Qualification"
Rochester Elder Law
All Rights Reserved
Legal Disclaimer: We have organized and prepared this website to provide general information about our firm. Content is subject to change without notice. The material presented here is not legal advice and is not to be acted on as such. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Viewing this web site or contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. This site may contain attorney advertising. However, prior results do not guarantee a similar outcome.