Information for Aging Parents Whose Adult Child Has Never Left Home…
How a Special Needs Trust Can Be Used
to Protect Your Child With a Disability
Written by Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a New Jersey Special Needs Trust Attorney
Not everyone or every couple becomes an empty-nester. There’s another group of parents who will never experience their child fully self-supporting. It is not uncommon for a parent in their 50’s, 60’s, 70’s or even 80’s who is still the primary caregiver for a child who is chronically disabled. Those parents live in fear of the day they will die and their special needs child(ren) survive them and face a future without the loving protection of their parent. A special needs child requires careful planning.
This is the first time in human history that parents face the possibility of having their chronically disabled children actually outlive them. Prior to the great advances in health care, chronically disabled children routinely died at a young age. But now, even parents who have lived to become the frail elderly themselves may have chronically disabled children who are themselves senior citizens, but who are still at home being cared for by their parent(s). In fact, sometimes when we assist families in bringing in a professional caregiver for the aged parents, those same caregivers are providing necessary services to the child with the disability, as well. This raises new challenges for those parents and their children.
Protecting an Aging Child with a Special Needs Trust
What are the Types of Developmental Disabilities Found in Adults in New Jersey That Justify Creating a Special Needs Trust?
“Developmental disabilities” are severe chronic conditions caused by mental and/or physical impairments. Individuals affected by such challenges may be so profoundly impacted that they will never be able to function independently. Most of these physical, mental and emotional issues are in evidence long before a child reaches the age of 22. These disabilities will last the lifetime of the person.
So how can a parent be assured that a disabled adult child will be taken care of after the parent is gone? Some attorneys will recommend that you leave everything to another, non-disabled child, to care for the disabled sibling. This passing of the torch is unfair and in many ways ill-advised. I’ll help you make the right decision and protect your child, sibling and/or loved one. I’m a father of four. I love my boys. I want the best for them. I’ll be the same way with your family and loved one… sincere, compassionate and understanding. Together we’ll come up with the right decisions and plan.
Congress recently passed the SNT Fairness Act. This law allows for an individual to create his/her own Special Needs Trust. The prior law required a parent, grandparent or an order of the court to create such a trust. A Special Needs Trust can really make a difference in the life of someone important to you. Contact me today to discuss the details of your circumstances and I will guide you to a resolution.
You can protect your disabled adult child today! Learn how.
Contact me toll-free at (855) 376-5291 or email me at firstname.lastname@example.org to let me protect the adult child who is the love of your life.