Financial Security for a Special Needs Child
Published: Fri, 07/25/14
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Financial Security for a Special Needs Child
If you cannot view the image below, please read the article on our blog.
 Q. Our 11-year-old son, Nathan, has autism and will likely need care for the rest of his life. This has put quite an emotional and financial strain on my husband and me. My parents, who are wealthy, are willing to help, but we've heard it's not a good idea to put our son in their estate planning documents because it might affect his ability to qualify for government programs. Also, if something happens to my parents, and to my husband and I, how can we ensure that Nathan has everything he needs?
A. According to the U.S. Centers for Disease Control and Prevention, autisms pectrum disorder (ASD) affects 1.2 million (or 1 in 68) Americans under 21. Another study conducted by RAND Corp. that was published in the March 2014 print issue of "Pediatrics," states that the cost of services for children with ASD averages more than $17,000 per child each year, including doctor visits, prescriptions, educational needs, and therapies. This is quite a hefty bill for many families, who are often concerned about what will happen to their special needs child if something should happen to them. In answering your question, I recommend not leaving assets directly to your son with special needs because if he owns or inherits property above a certain dollar value -- generally $2,000 -- it could make him ineligible for certain government programs, such as Supplemental Security Income (SSI) and Medicaid. A better solution is to set up a Special Needs Trust that would allow your family to safeguard your son's eligibility for benefits while also providing for additional needs not covered by government programs. A Special Needs Trust is a trust designed to hold assets for an individual with special needs who may not be able to manage his or her own finances. These trusts can help pay for supplemental needs and care for the beneficiary without affecting eligibility for benefits such as Medicaid and SSI. I recommend that in addition to setting up a Special Needs Trust, you should include a "letter of intent." This letter, which can be drafted alongside a Special Needs Trust, provides a guide for your son's caregivers or the courts on how you would like your son to live when you are no longer around. As an added precaution, many parents utilize advocacy committees or microboards to oversee the actions of trustees and ensure people with disabilities are being cared for as intended by their trusts. Committees usually consist of a few members and can include parents, care managers, social workers, lawyers and other relatives or friends, and generally meet several times a year to discuss the beneficiaries' needs. Please visit the Special Needs section of our Website for more details on Microboards. Understandably, for many families dealing with the day-to-day struggles of caring for a child with special needs, the last thing in their minds is planning for the future. However, to reiterate, it is important for parents to take the right steps to make sure their child is financially secure and cared for, including:
The Fairfax and Fredericksburg Special Needs Law Firm of Evan H. Farr, P.C. can guide you through this process. Be sure to check out the Special Needs Planning section on our Website, call 703-691-1888 in Fairfax or 540-479-1435 in Fredericksburg to make an appointment for an introductory consultation.
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Critter Corner: Ducks Don't "Fit the Bill" for Ohio Veteran
 Dear Saki and Alley,
Q. I was reading USA Today and saw a fascinating story about an Iraq Veteran and his therapeutic ducks. I was appalled that the man was fined for having them on his property and told that he couldn't keep them. I sincerely hope that the laws change and that he can keep his therapeutic ducks.
In addition to expressing my opinion about this, what I wanted to know is, I have a dog that I think would be a perfect therapy pet. What is the best temperament for this type of animal and how can an animal become certified as a therapeutic pet?
Thanks for your help,
Hope Hecankeepe-Dedux
--- Dear Hope, We were shocked too when we read this story on Jeannie's computer. To reiterate, 14 ducks belonging to Iraq war veteran Darin Welker reside in the backyard of his home in West Lafayette, Ohio. Welker, whose back was injured in the service, says his ducks provide him with physical and emotional therapy, and that they ease his depression. However, the town presented him with a citation and told him he has to get rid of the ducks. We hope for a new ordinance that would let him keep his ducks.
According to Pet Partners, an animal can be a therapeutic pet if it is "controllable, reliable, and predictable. Your animal should also have good manners in public places, and have the social skills to seek out and visit with strangers. The animals must be bathed and groomed regularly, as the individuals they are interacting with on a daily basis are likely susceptible to disease and infection." Unfortunately, based on this definition, Mr. Welker's ducks are not "therapeutic" animals, so the town came to the right conclusion in saying that he can't keep them because "they don't fit the bill." However, we certainly sympathize with him and hope things work out, since the ducks do seem to help him a lot.
As you mentioned, for therapy animals, there are certifications and registrations that exist to uphold a high standard. Visit Pet Partners and Love On A Leash for more details about training and certification programs. You can take a self assessment on their Website, and see if your dog would be a good fit.
Since we are discussing this subject, we must confess to something. Like the ducks, we are not certified as therapeutic pets, and although we hate to tell on good friends, neither are Commander Bun Bun or the African Dwarf Frogs, Ernie and Jannette. However, we are cuddly and available for petting (except for the dwarf frogs) any time you visit the office.
For more details on therapeutic pets, please read the firm's blog post on bunny therapy. In the article, Mr. Farr describes how the stroking of a docile animal can be beneficial in stress reduction and in promoting general feelings of well-being and how it has also been shown that pets are good for Alzheimer's patients.
If you have not done Long-Term Care Planning, Estate Planning or Incapacity Planning (or had your Planning documents reviewed in the past several years), now is the time. Please call The Fairfax and Fredericksburg Medicaid Asset Protection Law Firm of Evan H. Farr, P.C. at 703-691-1888 in Fairfax or 540-479-1435 in Fredericksburg to make an appointment for an introductory consultation. While you are here, you will have the opportunity to meet us, along with Commander Bun Bun, and Ernie and Jannette.
Purrs,
Saki and Alley About Saki and Alley: Saki and Alley are Siamese cats that belong to Jeannie and Evan Farr and live here at the Farr Law Firm. They are very sweet and smart and love all the attention they get from staff and friendly clients at the firm. We encourage you to visit us and meet these extraordinary Siamese cats! |
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