How To Secure Your Child's Financial Future
What is the purpose of obtaining a Special Needs Trust? To provide financial security to individuals with developmental disabilities.
You can give money & assure assets to those with special needs, but doing so may prevent them from qualifying for benefits under the Supplemental Security Income (SSI) and Medicaid programs. Even if they qualify for SSI & Medicaid, that money provides only the bare necessities such as food, housing and clothing. These limited benefits will not provide the resources needed to enjoy a richer quality of life. Also, if assets exceeding $2,000 are left in the child's name they run the risk of being disqualified from receiving these benefits. Fortunately, the government has established rules allowing assets to be held in trust. This trust is called a "Special Needs" or "Supplemental Needs" Trust for the benefit of a recipient of SSI and Medicaid, as long as requirements are met.
What is Guardianship?
When your special needs child turns eighteen, he is legally an adult, free to act of his or her own accord. It does not matter how severe your child’s disability may be, you must apply for guardianship when he or she becomes an adult in order to legally make medical and financial decisions for him or her. Guardianship is an arrangement through which a person (the guardian) is legally authorized to make decisions for another person.
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Special Needs Estate Planning