When your child with a disability becomes a legal adult, you may feel confused and worried. All of a sudden, your adult child is presumed by law to be able to make their own decisions.
You may hear conflicting opinions from friends and professionals. Some may encourage you to get guardianship. Others may encourage you to have your child sign powers of attorney so your child can maintain their legal independence.
You need guidance to decide on the most appropriate form of substitute decision-making so you can legally advocate for your adult child.
Your adult child will likely apply for government benefits. However, you could have a law degree and still be bewildered by one of the most complicated sets of laws in human history: The Social Security Act. You need guidance in understanding which government benefits may be available for your child – and why.
Finally, you need to know what a special needs trust is and how it safeguards your child’s future. More specifically, you need to understand the strategic importance of having a “flexible” special needs trust that can respond to changing circumstances in your child’s life.
Accordingly, I have divided this book into three parts:
Part I: Obtaining Legal Authority to Advocate for Your Adult Child with a Disability;
Part II: Government Benefits; and
Part III: Special Needs Trusts.
Inside you will find…
The three-step decision-making process you should use to determine what is the most appropriate form of substitute-decision making (plenary guardianship, powers of attorney or otherwise) after your child become a legal adult (page 1).
The three most common decision-making mistakes parents make when deciding what form of substitute-decision making is best for their child (page 5).
When your child becomes a legal adult, you will be at a “fork in the road.” You must fully understand these two very different routes of substitute decision-making. (page 13).
How the “mental capacity continuum” will help you decide what form of substitute decision-making is best for your child. (page 18)
Real factors to consider when thinking about guardianship or powers of attorney: Driving a car, financial concerns, mental health issues, liability, resources in your child’s name, medical history, divorce, timing, etc (pages 22-33).
Powers to add to your child’s power of attorney for property. (pages 47-48)
Does your child take medications for mental health? If so, you must understand an additional type of power of attorney for healthcare. (page 64).
Types of guardianship ( pages 74-87)
The four types of government benefits (page 102) and why you must understand the difference between Title II and XVI benefits. (page 103)
Why you must understand how Social Security awards benefits and why you child’s benefits will likely change over time. (page 105)
Why you must understand Social Security’s definition of disability. Most parents think a diagnosis is enough. It’s not. (pages 111-124)
The eligibility rules for SSI. (pages 125-132)
How to calculate your child’s monthly SSI payment. (pages 133-138)
How to apply for SSI. (pages 139-145)
The importance of Medicaid. (pages 154-156)
What is a special needs trust? What happens if you die without one? What are the rules of a special needs trust? Should it be a “living” trust? What should the name of the trust be? What happens after my child with a disability dies? (pages 167-175)
The differences between third-party and first party special needs trusts. (pages 176-179)
Why the quality of your child’s life depends on the special needs trust “distribution standard.” The distribution standard determines what the trustee can buy for your child. The number one biggest mistake made in special needs trusts — using a unnecessary restrictive distribution standard. (pages 180-186)
“Strategic flexibility” is the name of the game. To protect your child for life, you need a special needs trust that is written to expect the unexpected - engineered to respond and adapt to the unexpected. (Pages 187-194)
Choosing the right trustee lineup. The trustee’s job. Types of trustees. Common misconceptions when choosing a trustee. Different ways to structure the trustee lineup. (pages 195-204)
Funding a special needs trust. To open an account you must have answers to four questions. Why you should never deposit cash into a special needs trust. (pages 205-212)
Common estate planning documents. Your estate plan is like a jigsaw puzzle — all the pieces must fit together. (Pages 213-220)
The differences between a special needs trust and an ABLE Account. (pages 221-223)
And much more…
You may hear conflicting opinions from friends and professionals. Some may encourage you to get guardianship. Others may encourage you to have your child sign powers of attorney so your child can maintain their legal independence.
You need guidance to decide on the most appropriate form of substitute decision-making so you can legally advocate for your adult child.
Your adult child will likely apply for government benefits. However, you could have a law degree and still be bewildered by one of the most complicated sets of laws in human history: The Social Security Act. You need guidance in understanding which government benefits may be available for your child – and why.
Finally, you need to know what a special needs trust is and how it safeguards your child’s future. More specifically, you need to understand the strategic importance of having a “flexible” special needs trust that can respond to changing circumstances in your child’s life.
Accordingly, I have divided this book into three parts:
Part I: Obtaining Legal Authority to Advocate for Your Adult Child with a Disability;
Part II: Government Benefits; and
Part III: Special Needs Trusts.
Inside you will find…
The three-step decision-making process you should use to determine what is the most appropriate form of substitute-decision making (plenary guardianship, powers of attorney or otherwise) after your child become a legal adult (page 1).
The three most common decision-making mistakes parents make when deciding what form of substitute-decision making is best for their child (page 5).
When your child becomes a legal adult, you will be at a “fork in the road.” You must fully understand these two very different routes of substitute decision-making. (page 13).
How the “mental capacity continuum” will help you decide what form of substitute decision-making is best for your child. (page 18)
Real factors to consider when thinking about guardianship or powers of attorney: Driving a car, financial concerns, mental health issues, liability, resources in your child’s name, medical history, divorce, timing, etc (pages 22-33).
Powers to add to your child’s power of attorney for property. (pages 47-48)
Does your child take medications for mental health? If so, you must understand an additional type of power of attorney for healthcare. (page 64).
Types of guardianship ( pages 74-87)
The four types of government benefits (page 102) and why you must understand the difference between Title II and XVI benefits. (page 103)
Why you must understand how Social Security awards benefits and why you child’s benefits will likely change over time. (page 105)
Why you must understand Social Security’s definition of disability. Most parents think a diagnosis is enough. It’s not. (pages 111-124)
The eligibility rules for SSI. (pages 125-132)
How to calculate your child’s monthly SSI payment. (pages 133-138)
How to apply for SSI. (pages 139-145)
The importance of Medicaid. (pages 154-156)
What is a special needs trust? What happens if you die without one? What are the rules of a special needs trust? Should it be a “living” trust? What should the name of the trust be? What happens after my child with a disability dies? (pages 167-175)
The differences between third-party and first party special needs trusts. (pages 176-179)
Why the quality of your child’s life depends on the special needs trust “distribution standard.” The distribution standard determines what the trustee can buy for your child. The number one biggest mistake made in special needs trusts — using a unnecessary restrictive distribution standard. (pages 180-186)
“Strategic flexibility” is the name of the game. To protect your child for life, you need a special needs trust that is written to expect the unexpected - engineered to respond and adapt to the unexpected. (Pages 187-194)
Choosing the right trustee lineup. The trustee’s job. Types of trustees. Common misconceptions when choosing a trustee. Different ways to structure the trustee lineup. (pages 195-204)
Funding a special needs trust. To open an account you must have answers to four questions. Why you should never deposit cash into a special needs trust. (pages 205-212)
Common estate planning documents. Your estate plan is like a jigsaw puzzle — all the pieces must fit together. (Pages 213-220)
The differences between a special needs trust and an ABLE Account. (pages 221-223)
And much more…