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.
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