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