The MAAP Quarterly Newsletter :

     Mr. William Dussault, Attorney at Law, presented to the MAAP conference the need for estate planning when you have a child with any type of a disability.  It can, as he describes, have critical consequences for all of our loved ones.

     Many things need to be considered when establishing an estate plan that will be able to maintain an individual’s independence to the extent that he/she can do so, while acting as a safety net for timed when those skills just aren’t adequate. This is the first time in history that those with disabilities will routinely outlive their parents. Mr. Dussault stressed that “the government is not planning for this population, is not creating living environments, is not creating social service delivery systems – is, in fact, barely recognizing the consequences of 3 policies they established 25 years ago.”  The cold hard fact is – we do not have social service networks in place to provide for them as they age.  If your grown child is making a passable living but living with you at home and all you do is give him a little extra money each month for recreation, etc. you may feel that he doesn’t require very much in the way of planning.  But what is he going to do when he is in the house alone, with no one to talk to, and no extra money beyond expenses to enjoy himself, and no one to check in with when he needs help or advice?  When you are gone, who will remind him to pay his bills?  Who will be his social coach – think of all the times you have instructed him on the “unwritten rules” of society?  Mr. Dussault says, “Planning for long-term supervision, care and support of an individual with disabilities is one of the most critical issues that family members have to address.”  One of the most crucial considerations is guardianship.  You do not want you kids to become wards of the state, but that can happen and they can be placed for adoption if your wishes are not clearly made known in a will.

     SSI, or Supplemental Security Income, is a federally funded, monthly income support program through the Social Security system.  While it is certainly welcome, and Mr. Dussault does indeed know people who live  off that money alone, it is not  the sole support we would like for our children. But, SSI is not important just for the cash benefits.  It is crucial because if you qualify for SSI, you automatically qualify for Medicaid., and for any services form your state Developmental Disabilities Agency.  Unfortunately, if you own more than $2000 in personal resources you cannot become eligible for SSI.  If you die with a typical will, your child will get a portion of your estate. Even if you have a simple trust, which assigns a Trustee to provide for care and support of the child and manage his/her money, they will still lose SSI….