Who Are the Key Players in Special Needs Planning?

Takeaways

• Special needs planning requires a team of various professionals, such as attorneys, financial planners, trustees, and care managers.
• These experts help families address the legal, financial, and daily care needs of people with disabilities. This includes setting up special needs trusts, securing legal guardianship, and coordinating access to services.

A quarter of households in the United States include at least one family member with a disability.

These families grapple with complex legal and financial issues. What will happen to the individual with a disability when caregivers pass away? How can families save money for the future without putting eligibility for public benefits at risk? What services and government benefits are available for the person with the disability?

From attorneys and financial planners to care managers and benefits specialists, many professionals offer specialized services to individuals with disabilities and their families. Understanding what these professionals do can help families support their loved one with a disability.

Special Needs Planning Attorneys

A special needs planning attorney helps people with disabilities and their families with legal matters. They often assist with estate planning, long-term care planning, and guardianship cases.

For instance, these attorneys can help parents set up a special needs trust (SNT). An SNT provides financial support for a person with a disability while allowing them to receive benefits such as Supplemental Security Income (SSI). Trusts like this can help ensure ongoing financial security after family caregivers pass away, giving families peace of mind.

Special needs planning attorneys can also guide families through becoming the legal guardian of an adult with a disability. They handle paperwork, attend hearings, and communicate with the court. Once the guardian is appointed, the attorney can continue to help with ongoing legal tasks.

Certified Financial Planners (CFPs)

Special needs planning attorneys focus on handling legal tools and court matters. Certified Financial Planners (CFPs) help special needs families with overall financial planning. They can advise how much to save for a loved one’s long-term care and which types of investments could fund it.

CFPs may also work with trustees who manage funds for a person with a disability. They can review investments, explain risks, and help guide decisions to support the person’s long-term financial needs.

Trustees

A trustee of an SNT manages the trust fund for a person with a disability. They pay for certain expenses and use the trust to support the person while helping them preserve access to benefits like SSI.

Many trustees are family members, but professionals may also fill the role. Professional trustees bring impartiality and experience and can step in when family members aren’t available. Banks, trust companies, attorneys, and independent fiduciary services such as wealth management firms often offer professional trustee services.

Guardians

A guardian of an adult with a disability is someone the court appoints to make decisions for that person. In a total guardianship, the guardian can make personal and financial decisions. These include decisions about medical care and therapies, housing, and money. The court can limit these powers if needed.

In a limited guardianship, the court restricts what the guardian can decide. For example, a guardianship of the estate only handles financial matters.

Guardians are often family members, such as parents of an adult with a disability or adult children caring for an aging parent with dementia. In other cases, professional guardians serve in this role.

Professional guardians may be particularly helpful in high-conflict situations or when no family member is available. In those cases, a court may appoint a public guardian. A guardian ad litem may also be involved. This is someone the court appoints to represent the best interests of the impaired person during the case.

Care Managers

A care manager can be another important part of a family’s support system. They help people with disabilities find and access services, which are often spread across different agencies. Care managers also create a care plan to meet the person’s needs and help maximize their quality of life.

Many care managers are registered nurses. While a background in nursing can help them understand complex medical systems, care managers do not provide medical care or daily caregiving. Instead, they focus on helping special needs families create plans for care and find appropriate services.

Because coordinating care and navigating eligibility can take time and energy, care managers can be a valuable resource for special needs families.

Disability Benefits Specialists

Disability benefits specialists are professionals who provide free or low-cost confidential benefits counseling and application support to adults with disabilities. They can guide individuals through programs like Medicare, Medicaid, and Social Security.

These specialists offer ongoing support, from identifying appropriate programs to completing applications and maintaining eligibility once approved.

Disability benefits specialists are available through state Aging and Disability Resource Centers (ADRCs) and legal aid organizations. National programs focused on helping people return to work also offer benefits specialists.

Additional Reading

• How to Make Decisions for Adult Children With Special Needs
• The Basics of Social Security Disability Insurance (SSDI)
• Should You Hire a Special Education Advocate?

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