In our office, we frequently come across aging parents who are primary caregivers of a chronically-disabled child. And these parents live in dread – because they’re uncertain who’s going to care for their child once they’re gone.
Many seniors, in fact, are still caring for their disabled children while now requiring care themselves. In fact, in many cases, both parent and child have the same care-giver!
We’re talking about disabilities such as autism, cerebral palsy, hearing loss, mental retardation, vision impairment, muscular dystrophy, generic or chromosomal disorders. Down’s syndrome, or mental illness. Some attorneys will recommend that parents leave everything to a different child, and name that child the caregiver. But that often leads to an unfair burden on the new caregiver…and problems with the rest of the family.
So how can parents be assured that once they’re in long-term care – or gone – their disabled child will still be cared for? I generally recommend a special needs trust, sometimes called a Tender Loving Care Trust. This is an irrevocable trust specifically for this purpose.
A special needs trust works in partnership with public benefits. But it can also provide benefits that public assistance wouldn’t…such as with pets, recreation, social activities, special therapies, entertainment, and vacations. And it can be used to purchase professional care management to enhance the quality of life of the disabled child.
Elder Law attorneys are the ones who can create such trusts. That’s what they do – along with wills, living wills, comprehensive estate plans, powers of attorney, long-term care plans, and assistance with Medicaid and the VA. They’re the ones who best know the (constantly-changing) laws affecting seniors and their families. A good Elder Law attorney can create a trust that will give you peace of mind about your child – while also helping you get any benefits to which you’re entitled for your own care!
At the Law Offices of Alice Reiter Feld & Associates, we’ve been creating these trusts for 33 years. And we’ve helped thousands of South Florida parents find peace of mind. Elder Law is what we do. And it’s the only thing we do.
If you have a disabled child, we can show you the way. And we’re just a phone call away.
Disabled Child? You Need A Special Needs Trust!