Legal Rights
Did you know that if your child receives therapy from medical assistance that you need to carefully plan your estate? In fact, in the event of the death of a parent or parents, if the child does NOT have a special needs trust in place, then the Department of Public Welfare will consider the inheritance that you leave your child as "income," rendering him or her ineligible for wraparound services?
Even if grandparents leave money to a child with a disability, the state of Pennsylvania will consider it to be "income," which will render the child ineligible for medical assistance. Well-meaning grandparents who leave an estate to a grandchild with autism is a major problem with our children. Make sure that your parents and you, as a parent of a special needs child, have a special needs trust in place!
ASK YOUR ATTORNEY OR ESTATE PLANNING PROFESSIONAL ABOUT A SPECIAL NEEDS TRUST!
SPECIAL NEEDS TRUSTS:
Merrill Lynch in Business Week Magazine about the importance of a special needs trust
New Jersey Law Journal discusses special needs trusts
Best's Review -- Fulfilling Special Needs
Kansas City Star -- MoneyWise: Special Needs Require Special Preparations
New Jersey Biz: Special Trusts for Disabled Children
USA Today: Special Needs Trust Helps the Disabled
Guardianship Issues:
Who will you ask to become a guardian for your autistic child? It's a decision that cannot be taken lightly. If you haven't seen an attorney to work out guardianship for your child(ren), you need to do so. It's unpleasant to think about, but it's a necessity. Do it for them.
The Autism Society of America has an excellent section on the selection of a guardian for your child.
From the Federal Government publication office including planning for the future, guardianships and conservatorships, planning for financial needs and more!
Exceptional Parent has a great site, but you have to register first. Click here.
Disclaimer: The information contained in this Site is for general guidance on matters of interest only. The application and impact of laws can vary widely based on the specific facts involved. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in information contained in this Site. Accordingly, The information on this Site is provided with the understanding that the authors and publishers are not herein engaged in rendering legal, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional legal counsel. Before making any decision or taking any action, you should consult a professional educational advocate or attorney.
