5 Steps to Take During National Developmental Disabilities Month in March
While there are endless concerns for parents of children with special needs, one of the greatest worries is who will care for them in the future. With proposed Connecticut State budget cuts to the Department of Developmental Services (DDS) totaling millions of dollars, parents need to plan now to ensure quality care throughout the child’s lifetime.
“Generally, the parent of a child with special needs has two goals; provide and maintain the child’s quality of life now and after the parent is no longer here, and preserve the child’s eligibility for government programs designed to support people with disabilities,” said Attorney Claudia Englisby, Head of the Disability Planning Department at CzepigaDalyPope.
Attorney Englisby notes that In order to make those goals a reality, there are 5 steps parents or guardians need to take:
1. Prepare a Will
The Will is the most basic building block of an estate plan. The purpose of a Will is to designate how your estate should be distributed upon your death. Without a Will, the state makes all the decisions.
2. Designate a Power of Attorney
A power of attorney is a person or persons you grant the right to act on your behalf if you are incapacitated. Choose wisely. Your power of attorney has the same authority as you over your finances.
What happens when your child turns 18 and is no longer a minor? If the young adult has the capacity to understand, have him or her grant you durable power of attorney and appoint you as the health care agent to allow you to continue to act on his or her behalf if necessary.
3. Name a Guardian
If you are your child’s legal guardian, meaning you have petitioned the court to become her guardian after her 18th birthday, who will take over when you’re gone? If you don’t appoint someone, the court will decide.
4. Create a Special Needs Trust
A special needs trust will help to ensure that your child will have sufficient resources to live and to thrive. There are several types of special needs trusts. The good news is you don’t have to be rich to set one up and you don’t have to fund it now.
5. Appoint a Trustee
“Having the right plan in place is critical, particularly in our current political environment,” adds Englisby.
Developmental Disabilities Awareness Month in March calls on Americans to provide the encouragement and opportunities necessary for people with developmental disabilities to reach their potential. However, taxpayer-funded programs for people with disabilities nationwide are more at risk in today’s economic climate. Medicaid, which has funded many employment and community-based residential programs, is also under fire.
The special needs planning attorneys at CzepigaDalyPope address the cost of the full spectrum of services needed for people with disabilities to live secure, fulfilling lives. They sort through all of the confusing options and create a plan that fits a family’s needs and resources, from utilizing special needs trusts and asset protection strategies to qualify (or preserve qualification for) the child for Medicaid and other needs-based programs.
The firm has helped families achieve the following objectives:
- Qualifying individuals with special needs for Medicaid
- Protecting assets and income from medical care expenses and Medicaid reimbursement
- Ensuring the ability to pay for services the child needs that aren’t paid for by Medicaid
- Securing the best care and services possible
- Ensuring the parents’ assets will pass for the benefit of their child after the parents’ death
- Making certain the child’s future is handled according to the parents’ wishes, and not those of a court, social worker or other third party
“Our goal is to reduce the financial and emotional strain on families and eliminate parent’s frustration and uncertainty of not knowing what will happen to their child with special needs,” concludes Englisby.
For more information call (860) 236-7673 or visit: www.ctseniorlaw.com.