Description
ISBN 978-09988142-2-3
Published 2023
Paperback
268 pages
A practical guide to legal planning for parents of children with special needs. In a relaxed, conversational style, Attorney Barbara Jackins explains the essentials of SSI, guardianship, and estate planning when there is a family member with a disability.
Summary | Table of Contents | Meet the Author
Summary
In a relaxed, conversational style, Attorney Barbara Jackins explains the essential elements of SSI, guardianship, and estate planning when there is a child with a disability in the family. You will find the information you need to:
- Obtain SSI Benefits for your own son or daughter who is 18 or older.
- Contribute to your adult son’s or daughter’s financial support without reducing public benefits.
- Understand the court process for guardianship, including what must be done if your son or daughter takes any antipsychotic medication.
- Learn about the alternatives to guardianship.
- Protect your son’s or daughter’s inheritance from being lost or mismanaged while assuring continued public benefits.
- Coordinate your life insurance and retirement assets with your overall estate plan.
Table of Contents
Section One – SSI
CHAPTER 1 Supplemental Security Income (SSI) Basics
The Basics
SSI Benefit Amounts
The $2,000 Asset Limit
ABLE Accounts
UTMA Accounts
Qualifying as Disabled: It’s All About Work
Child Support Payments
Getting SSI Benefits for Children Under Age 18
CHAPTER 2 Reducing Assets to Qualify for SSI
Permissible Ways to Reduce Excess Resources
CHAPTER 3 Applying for SSI
When and Where to Apply
Preparing to File for Benefits
Filing the Application
Becoming Your Child’s Representative Payee
Annual Reporting and Annual Review Meetings
CHAPTER 4 Appealing a Denial of Benefits
Getting Legal Help with Your Appeal
The First Stage of Appeal: Reconsideration
The Second Stage of Appeal: Administrative – Review
Going Higher: The Appeals Council and Federal – Court
CHAPTER 5 Managing the SSI Benefits
Keep the Assets Below $2,000
Could You Ever Be Personally Liable to Repay Your Child’s Benefits?
Dealing with the SSI Program’s Limits on Income
Getting the Full SSI Benefit While Your Child is Living at Home
Helping Your Child Who Has Moved Out of Your Home
CHAPTER 6 Social Security Disability Insurance (SSDI)
SSDI Basics
Establishing Your Work Record
Your Disabled Adult Child Collecting on Your Work Record
SSDI Benefit Amounts
Getting SSI and SSDI at the Same Time
How Working Affects SSDI Benefits
Section Two – Guardianship
CHAPTER 7 Guardianship Basics
Getting Medical Care for Your Child
Making Education Decisions
Dealing with Agencies that Provide Adult Services
Signing Contracts and Legal Documents
Advocating for Your Child
Guardianship Isn’t Right for Everyone
Getting a Guardianship Evaluation
Deciding if Both Parents Will Be the Guardians
CHAPTER 8 Alternatives to Guardianship
Helping with Medical Care
Medical Release Form
Health Care Proxy for Medical Decisions
Dealing with Education Planning
Dealing with Money/Finances
ABLE Account
Permission to Share Form for MassHealth
CHAPTER 9 Full Guardianship and Limited Guardianship
Full Guardianship
Adding “Limitations” to a Full Guardianship
Limited Guardianship
CHAPTER 10 The Court Process
Planning Ahead for the Guardianship
Deciding to Hire a Lawyer or Do It Yourself
Court Forms You Will Need
Filing the Paperwork
Dealing with the Legal Notices
The Hearing Stage
What to Expect at the Hearing
Getting Proof of Your Appointment
Don’t Forget to File your Care Plan Reports
Renewing a Treatment Plan
CHAPTER 11 Rogers Guardianships
Antipsychotic Medications
The Court Process
Your Role as the Rogers Monitor
Dealing with the Annual Reviews
Starting Antipsychotic Medication after the – Guardianship Has Been Entered
Stopping Antipsychotic Medication
CHAPTER 12 You’re the Guardian: Now What?
Filing Your Care Plan Reports
Returning to Court to Get Approval for – Extraordinary Medical Treatments
Resigning from the Guardianship
Adding a Co-Guardian and Changing Guardian
Giving Informed Consent
Protecting Yourself
Ending the Guardianship
Estate Planning
Section Three – Estate Planning
CHAPTER 13 How Advance Planning Can Benefit Your Family
The Benefits of Advance Planning
Plans That Don’t Work
CHAPTER 14 Using a Will to Plan Your Estate
Deciding If Your Children Will Receive Equal – Inheritances
Naming Someone to Raise Your Minor Children
You Should Choose a Future Guardian for Your – Child Who Has a Disability
Dealing with Your Personal Effects
Your Personal Representative Settles Your Estate
Cremation, Funeral, and Burial Instructions
Limitations of a Will
CHAPTER 15 Using a Special Needs Trust to Plan Your Estate
Choosing the Trustee
Deciding What Will Happen to the Money When – the Trust Ends
Putting Money into the Trust
Using a Special Needs Trust to Save Money for – Your Child
Using a Pooled Trust Instead of a Special Needs – Trust
CHAPTER 16 Planning for Your Children Who Don’t Have Special Needs
A Trust is the Best Way to Protect Minor Children – and Young Adults
Equal Inheritances Versus a “Family Pot” Trust
CHAPTER 17 Planning for Your Child Who Has a Marginal Disability
Strategies to Consider
Do They Have a Right to See the Trust?
Ask Your Child to Sign a Health Care Proxy and a – Durable Power of Attorney
CHAPTER 18 Don’t Forget to Plan for Yourself
Health Care Proxy
Durable Power of Attorney for Finances
Living Will
Your Backup Plan if You Need Nursing Home Care
CHAPTER 19 Life Insurance
Deciding How Much Life Insurance You Need
Term and Permanent Life Insurance
Having Your Child’s Special Needs Trust Own the – Policy
Be Sure to Name the Correct Beneficiaries
CHAPTER 20 Dealing with Massachusetts Estate Taxes
Assets That Are Counted for Estate Tax Purpose
Items That Can be Deducted
Credit Shelter Trust
Blended Families Can Benefit from a Credit – Shelter Trust
A Potential Drawback
Limitations to Using a Credit Shelter Trust
Your Spouse Must Be a U.S. Citizen
Irrevocable Life Insurance Trust (ILIT)
How an ILIT operates
CHAPTER 21 Communicating Your Personal Instructions to Future Caregivers
Letter of Intent
Side Letter to Your Special Needs Trust
Section Four – Public Benefits and Health Insurance
CHAPTER 22 Department of Developmental Services
Qualifying for Services: Disability
Applying for Services
Financial Requirements
Qualifying for Residential Services
Options for Day Programs / Flexible Services
Where to Get More Information
CHAPTER 23 Department of Mental Health
Applying for Services
Financial Eligibility
Appealing a Denial of Services
CHAPTER 24 Massachusetts Rehabilitation Commission
Qualifying for Services: Disability
Financial Requirements
Applying for Services
Prioritization for Services
Where to Get More Information
CHAPTER 25 MassHealth
MassHealth Standard and CommonHealth
Getting Coverage for Your Child Age 1 through 17
Getting Benefits for Your Child Age 18 to 64
Navigating the System and Getting Help
Staying in the Information Loop with MassHealth
CHAPTER 26 The Adult Family Care Program
Needing Help with ADLs
You Can’t Be a Guardian and a Paid Caregiver at – the Same Time
Making the Decision to Join AFC
Getting More Information
CHAPTER 27 Children’s Autism Waiver Program
CHAPTER 28 The Premium Assistance Program
Qualifying for Benefits
Amount of the Benefit
How to Obtain Benefits
Where to Learn More
CHAPTER 29 Private Health Insurance
Getting Coverage for Autism Treatments
Getting Coverage for Mental Health Treatments
Health Insurance for Those with a Marginal – Disability
Section Five – Loose Ends
CHAPTER 30 Transitioning from School Services to Adult Services
Age to Begin Transition Planning
Transitioning to an Adult Services Agency
Services
Eligibility
Where to Get More Information
CHAPTER 31 Getting a Government Identification Card
CHAPTER 32 Registering for the Selective Service
RESOURCES Books, Articles, And Other Publications
Organizations
Pooled Trusts in Massachusetts
Appendix
Sample Treatment Plan Form
Schedule of Limitations Form
Authorization Form for the Adult Family Care Program
INDEX
Meet The Author
Barbara Jackins has spent most of her 40-year legal career advocating for people with special needs and their families. Barbara’s areas of practice currently include guardianship, special needs planning, and public benefits. Barbara is a member of the National Academy of Elder Law Attorneys and serves on several boards of directors and committees of local nonprofit agencies that support people with disabilities and their families.
In addition to Legal Planning for Special Needs in Massachusetts, she has written other books, most recently: Managing a Special Needs Trust: A Guide for Trustees (co-author with Ken W. Shulman and Richard S. Blank, 2020); and Moving Out: A Family Guide to Residential Planning for Adults with Disabilities (co-author with Dafna Krouk-Gordon, 2013).
Barbara’s son with special needs is now in his 30s.
Her office is located in Lexington, Massachusetts. Her website is www.legalplanningforspecialneeds.com.