Five Ways You Can Protect Your Loved One With Special Needs

If you have a child or other loved one with special needs, you may be concerned about how you are going to be able to ensure they are cared for. This is especially true if you are older, or have other concerns about your ability to personally care for them in the long term. Fortunately, there are a few things you can do to ensure your loved ones with special needs are cared for, even if you are no longer there to help them:

1. Set up a special needs trust
   • One of the most essential tools for special needs planning is known as the special needs trust. This trust places someone else, known as a trustee, in charge of your loved one’s assets, and gives them the legal responsibility to manage those assets on their own behalf. This kind of system ensures that your loved one’s finances will be handled responsibly, and gives them the ability to seek accountability for any wrongdoing committed by the trustee.
2. Create an ABLE account
   • The Achieving a Better Life Experience (ABLE) Act was passed in 2017, and is a unique tool available in New York. These types of accounts are protected against taxation, and allow a person’s assets to be discounted when determining eligibility for Social Security, Medicaid, and other social programs. While these accounts are not available to everyone, they can be an excellent alternative to a special needs trust for some people.
3. Create advance directives
   • Advance directives, like a power of attorney, health care proxy, and living will, can allow a person with special needs to ensure they are always appropriately cared for. This allows them to take some control over their lives by deciding who will be in charge of managing their legal, financial, and medical affairs. The downside to this is that not every person with special needs has the ability to form their own advance directives, but if they can, it can help them assert control over their lives.
4. Have a legal guardian appointed
   • In the event that someone with special needs cannot form their own advance directives, it is typically necessary to have a legal guardian appointed by the court. This guardian will act as the legal representative of your loved one, managing their affairs on their behalf and ensuring all of their needs are met. This can be especially important if you are older and are uncertain about your ability to continue to care for your loved one.
5. Apply for government benefits
   • If you have not already, you should make sure to apply for government benefits. Programs such as Supplemental Security Income (SSI) and Medicaid can help cover for the costs of caring for a person with special needs, and also assist with things like finding housing or making modifications to your home to suit their needs. Combined, these steps can help to ensure your loved one has as comfortable a life as possible.

    The guardianship and special needs attorneys at David J. Lorber & Associates, PLLC will work with you to determine whether a guardianship might be necessary for your loved one, and help you to ensure your loved one receives the assistance they need. For comprehensive guardianship and elder law services in New York, call David J. Lorber & Associates, PLLC at (631) 750-0900 or contact us online to schedule a free consultation at our Setauket office.