How Would A Special Needs Trust Help My Son? | MyAutismTeam

Connect with others who understand.

sign up Log in
Resources
About MyAutismTeam
Powered By
Real members of MyAutismTeam have posted questions and answers that support our community guidelines, and should not be taken as medical advice. Looking for the latest medically reviewed content by doctors and experts? Visit our resource section.
How Would A Special Needs Trust Help My Son?
A MyAutismTeam Member asked a question 💭

I and my son live from month to month pay check to pay check, I don't have enough money to put directly into a trust, cost of living constantly rising especially rent, along with co-pays for my health care is increasing.

I am trying to decide if I should pay out over $600 to set up a special needs trust, how his would help my son, once I am gone.

I appreciate any feedback
thank you for your time

Bob SR

posted February 28, 2017
•
View reactions
A MyAutismTeam Member

First of all, 650 bucks is cheap, I paid over 3,000 but I had a lot of other docs prepared such as POA's, will, title transfers for house, car etc.
if your son will inherit less than 2,000 dollars there is no reason for a trust. A special needs trust protects them from having their ssi or Medicare revoked if they have over 2,000 bucks in the bank or if they would inherit a house or be the beneficiary on a life insurance policy. That has been the figure for years, it might be increased some day.
I would still do a letter of intent for whomever would care for Bobby after your demise. I would also have a POA on yourself ( get it off the internet) and have it notarized in case you would be incapacitated.

posted March 1, 2017
A MyAutismTeam Member

You have done your research about SSI program with Social Security. Great job!

Harriet@

posted March 3, 2017
A MyAutismTeam Member

That depends on what you have to fund the trust. Life insurance ? A house ? Savings ? A special needs trust allows the receipent (your son) to inherit the trust per se without being taken off of any ssi/Medicare that he currently may receive. The trust is overseen by a trustee or two. They pay out the money for items that ssi won't cover such as food/housing. You have to name the trustees if you have nobody you can name an attorney. You should also complete a letter of intent ( what you want your son to have or explain his needs), POA's on yourself in case you became incapacitated but not dead, and a will. You can "request" who you may prefer to be guardian, even though the court has the final say on that. A trust can be revokable or irrevokable, it all depends on what is in your trust. I would suggest before you spend any money to either speak to a financial planner or attorney who specializes in special needs trusts or look for a seminar that might be supported by the autistic society where you live. There is also an ABLE account that could have up to 100k in it without affecting your sons ssi/Medicare entitlement. The ABLE account laws may differ from states, in Ohio you can put up to 16k a year into the account. However, there is limitations on what it can be spent on, while the trust can be spent on your desires for him in your letter of intent. For instance, I want my daughter to always have a smart phone and Internet access, extra trips into the community with a paid caregiver, a computer, etc. Hope this helps.

posted February 28, 2017
A MyAutismTeam Member

@A MyAutismTeam Member hi, from my understanding if there is no family or friend or anyone able to be legal guardian the State you live in will have probate court appoint the state as guardian, associated with local Mental health system, if your child end up living in a group home, staff working in the group home may be ask to become the person legal guardian. if you live in Michigan you might want to contact MPAS Michigan protection advocate services these people are attorneys that may be able to assist you. hope this was helpful. http://www.mpas.org/

posted March 2, 2017 (edited)
A MyAutismTeam Member

@A MyAutismTeam Member, thank you again for your time and reply, I learn over the past year, people who have any type of mental health issues, insurance companies will not sell them any life insurance policy, I learned the reason why, is they believe the person life cycle is shorten from using psychotropic medications, and those who think have life insurance policy, they will never collect on those policies, the insurance company will not inform people about this, and will take the money, yet have legal reasons not to pay out on the policy.

I cannot buy any type of life insurance, also I can purchase funeral coverage, yet due to my COPD is at end of life stage, I cannot afford to buy a funeral policy. presently Bobby mom has the same guardianship I have, and if I die first, his mom will continue the guardianship and when Bobby in a group home his sister can be stand bye guardian if she not working with Bobby in the group home setting. Basically it does sound like I need or Bobby don't need a trust, because there is no cash asset to provide in a trust. .

posted March 1, 2017

Related content

View All
Special Needs Trust
A MyAutismTeam Member asked a question 💭
Special Needs Trust Lawyer Recommendation San Diego CA
A MyAutismTeam Member asked a question 💭
Who Knows A Good Attorney In NY To Setup A Special Needs Trust?
A MyAutismTeam Member asked a question 💭
Continue with Facebook
Continue with Google
Lock Icon Your privacy is our priority. By continuing, you accept our Terms of use, and our Health Data and Privacy policies.
Already a Member? Log in