Tuesday, May 19, 2009

Sundry notes from a meeting on special needs and the law

  1. Parents of special needs children may wish to initiate guardianship proceedings before a child turns 18. These are typically limited and are reviewed yearly by the courts. They can be reversed at any time.
  2. Adults over 18 can pay rent to parents to live at home, this can reduce income that may count against social security/disability benefits.
  3. A supplemental needs trust can own a home that a special needs adult lives in. (See also: 529 plan problems and special needs).
  4. 529 plan problems and special needs (important)
  5. Relatives naming a special needs child or adult in a will should name their supplemental needs trust as the beneficiary.
  6. Wills should be supplemented by a Letter of Intent that can guide ongoing care and support of a special needs adult or child after the death of their caregiver. This is not a legal document, it is typically a summary of their likes, dislikes, quirks, preferences, etc.

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