Information for Aging Parents Whose Adult Child Has Never Left Home…
How a Special Needs Trust Can Be Used to Protect Your Child With a Disability
Not everyone or every couple becomes an empty-nester. There’s a group of parents whose children may never be self-supporting. It is not uncommon for a parent in their 50’s, 60’s, 70’s or even 80’s to be the primary caregiver for a child who has physical or intellectual disabilities. Those parents live in fear of the day they will die and their child(ren) survive them, facing a future without the loving protection of their parent. Protecting a child with an intellectual disability requires careful planning.
This is the first time in human history that parents face the possibility of having their children with intellectual or physical disabilities outlive them. Prior to the great advances in health care, people with physical or intellectual disabilities routinely died at a young age. But now, even parents who have lived to become frail or elderly themselves may have disabled adult children who are themselves senior citizens, but are still at home being cared for by their parent(s). In fact, sometimes when we assist families in bringing in a professional caregiver for the aged parents, those same caregivers are providing necessary services to the disabled adult child, as well. This raises new challenges for those families.
Protecting a Disabled Adult Child with a Special Needs Trust
What are the Types of Developmental Disabilities That Justify Creating a Special Needs Trust?
“Developmental disabilities” are severe chronic conditions caused by mental and/or physical impairments. Individuals with intellectual or developmental disabilities may be so profoundly impacted that they will never be able to live independently. Most of these deficits are apparent long before a child reaches the age of 22. These disabilities will last the lifetime of the person.
So how can a parent be certain that a disabled adult child will be taken care of after the parent is gone? Some attorneys will recommend that you leave everything to another neurotypical child to care for the sibling with the intellectual or developmental disability. This passing of the torch is unfair and, in many ways, ill-advised. I’ll help you make the right decision and protect your family member. I’m a father of four. I love my boys. I want the best for them. I’ll be the same way with your family and loved one… sincere, compassionate and understanding. Together we’ll come up with the right decisions and plan.
Congress recently passed the SNT Fairness Act. This law allows for an individual to create his/her own self-settled (First Party) Special Needs Trust. The prior law required a parent, grandparent or an order of the court to create such a trust. A Special Needs Trust can really make a difference in the life of someone important to you. Contact me today to discuss the details of your circumstances and I will guide you to a resolution.
You can protect your disabled adult child today! Learn how.
Contact me toll-free at (855) 376-5291 or email me at firstname.lastname@example.org to let me protect the adult child who is the love of your life.
Written by Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a New Jersey Special Needs Trust Attorney