As the parent or caregiver of a special needs child, your goal is to secure emotional and physical care and support for your child in the future. At the same time, you want to establish financial security for your child that does not jeopardize their eligibility for critical government programs. Taking the time to formulate detailed plans for your child’s care and future is the best way to achieve those goals. Best of all, you can promote and safeguard your child’s stability.
Furthermore, regularly reviewing and updating your family’s plans for your child with special needs is crucial to ensuring that their needs are met in the future. Not only do unexpected changes occur throughout life, but a child’s needs can change significantly over time, especially as they grow from an infant to a school-age child, and from a teenager to an adult. Taking the time to address issues as they arise can help avoid leaving certain needs or issues unaddressed.
Your child’s needs and plans may change dramatically in a short time. While reviewing plans at least once per year is ideal, other life events may also necessitate revising your child’s plans. For example, the following events may trigger the need to review your plans:
- Changes in eligibility for services through government and other assistance programs;
- Legislative and official policy changes that affect program and resource eligibility and access;
- New medical diagnoses that necessitate additional care or changes in supportive services or treatment protocols;
- Age-related transitions, such as leaving school or no longer qualifying for certain children’s programs;
- Your adult child is moving to a new residence or living situation;
- Your own aging and development of medical issues that may shorten your life or affect our ability to care for your child;
- The loss of caregivers, trustees, or other important people responsible for your child’s care, whether due to job changes, personal preferences, incapacity, or death;
- Alterations for your family composition, including marriage, divorce, the birth of a child, the loss of a loved one, and other personal life changes; and
- Changes in your financial situation, including inheritances, personal injury or medical malpractice settlements, and the loss or gain of different jobs.
Engaging qualified professionals, such as a special needs trust attorney, advocates, financial planners, accountants, or the trust department of a bank, can ease this complex process. These individuals can also provide significant resources, particularly to safeguard your child’s financial support, both now and in the future. By working closely with these individuals and other available resources, you can get the assistance you need to change plan provisions as needs arise.
Furthermore, staying up to date on changes in policies, laws, and public benefits programs is essential to maintaining current, appropriate plans for your child with special needs. For example, many changes in federal Medicaid policies and funding levels have occurred over the past year, which can affect your state’s policies, as well. Knowledge about these changes and how they will affect your child helps ensure that you can maintain consistent healthcare, care coordination, and services for your child.
Finally, people will come and go from your life and your child’s life for various reasons. If a trustee, guardian, service provider, or caregiver is suddenly unavailable due to job changes, relocation, incapacity, or death, having a backup plan is important. Naming successor trustees and guardians is critical, and having alternate caregiving plans is also a necessity throughout your child’s life. This approach also minimizes the risk of disruption or instability in your child’s life and ensures peace of mind for you and your family.
Frequently Asked Questions
How do I balance financial planning with preserving my child’s eligibility for government benefits?
Parents often worry that savings or inheritances could disqualify their child from programs like Medicaid or SSI. Tools such as special needs trusts or ABLE accounts allow families to set aside funds while protecting eligibility. Consulting with a qualified attorney or financial planner ensures that resources are structured correctly.
What steps can I take to prepare for unexpected changes in caregivers or trustees?
Because caregivers and trustees may leave due to life changes, incapacity, or death, it’s wise to name successor guardians and trustees in advance. Families should also create alternate caregiving arrangements and document them clearly so transitions happen smoothly if someone becomes unavailable.
How can I stay informed about policy changes that affect my child’s care?
Federal and state laws governing Medicaid, Social Security, and other programs change frequently. Subscribing to updates from advocacy organizations, consulting with professionals who monitor these policies, and attending informational workshops can help you anticipate changes and adjust your child’s plan accordingly.
Contact Us Today to Revisit Plans for Your Child with Disabilities
Rubin Law is the only Illinois law firm to dedicate itself exclusively to providing compassionate legal services for children and adults with special needs. We offer unique legal and future planning techniques to meet your family’s individual needs.
Call us today at 866-TO-RUBIN or email us at email@rubinlaw.com to learn more about the services we can offer you and your family.