Planning for Life

Your Must-Have Checklist if You Need Guardianship When Your Child with Special Needs Turns 18

Posted by Rebecca J Benson on January 30, 2018


By Rebecca J. Benson

Every child automatically becomes an “adult” in the eyes of the law as soon as the child turns 18 – an unnerving thought for many parents.  Parents of a special needs child need to consider whether their child will need a legal guardian, even after turning 18.  Our comprehensive “how-to” checklist will help you determine whether guardianship is needed and outline the steps for obtaining the necessary Massachusetts court appointment:

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Topics: Special Needs Child, special needs planning, guardianship, proxy, disability

Choosing a Trustee for A Child’s Special Needs Trust

Posted by Karen Mariscal on November 7, 2017

by Karen B. Mariscal

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Topics: Special Needs Child, Special Needs Trust, special needs planning, special needs, trustee, trusts

“I’d be Honored”: Paving the Way  For Your Special Needs Trustee - Preparing a Memorandum of Intent

Posted by Karen B. Mariscal on October 26, 2017

iStock-587221754.jpgWhen our autistic son was 8 years old, he was a holy terror.  That was true when he was younger than 8 and older than 8 (he settled down around the time of puberty, for which I am eternally grateful), but I am focusing on age 8 right now. We had two younger boys as well, then ages 5 and 4.  So when I asked my sister Laura whether she would be the guardian of our children, and take over if something happened to my husband and me, it was with great trepidation.  Laura knew full well what was going on in our house, and how difficult a request I was making.  She responded, without hesitation, “I’d be honored.”  I have tears in my eyes as I write this, as it never fails to get to me, even 17 years later.

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Topics: Caregivers, Intellectually Disabled, Special Needs Child, Special Needs Trust, trusts, disability, autism, special needs planning

Congress Passes Special Needs Fairness Act

Posted by Harry S. Margolis on December 9, 2016

By Harry S. Margolis

As part of the 21st Century Cures Act which passed last week, Congress  has finally corrected a glitch in the law dating back to 1993. Back then, Congress authorized the creation of so-called (d)(4)(A) trusts which permit people with disabilities under age 65 to shelter funds and still qualify for Medicaid (MassHealth in Massachusetts) and Supplemental Security Income. A quirk in the law has required these trusts to be created by a parent, grandparent, guardian or court, even if the beneficiary is competent to create the trust herself. This has limited the availability of these trusts and required expensive proceedings in court which have often delayed eligibility for vital public benefits.

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Topics: special needs planning, trusts

The Difference Between SSI and SSDI

Posted by Elizabeth Stepakoff on November 29, 2016

by Karen B. Mariscal, Esq. 

There is a lot of confusion about the difference between SSI (Supplemental Security Income) and SSDI (Social Security Disability Income).  Although SSI and SSDI both provide supplemental income to disabled people, and have similar names, they are completely different programs.

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Topics: special needs planning

Housing for Your Special Needs Child: A Legal and Personal Perspective

Posted by Karen B. Mariscal on November 19, 2016

By Karen B. Mariscal

Most parents of special needs children keep their kids at home with them through the parents’ 40s, 50s, or even longer. Only about 15 percent of DDS (Department of Developmental Services) clients receive housing from the state when they turn 22, and those tend to be the most difficult cases – where the person cannot live safely on his own or with his parents. The rest are left to their own resources when it comes to housing. Their parents need know their options and think creatively about how best to provide for their loved ones as they age.

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Topics: special needs planning

SNAP (Food Stamp) Benefits for Disabled Young Adults Living at Home

Posted by Elizabeth Stepakoff on November 15, 2016

By Karen B. Mariscal

Massachusetts funds the Supplemental Nutrition Assistance Program, or SNAP, to assist low income households with affording food. While an individual can qualify for SNAP benefits upon reaching the majority age of 18, there are certain nuances that disabled young adults living at home with their parents should be aware of before applying for this program.

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Topics: special needs planning

Adult Foster Care: Valuable Help for the Parents of Disabled Children

Posted by Elizabeth Stepakoff on November 8, 2016

Adult Foster Care (a/k/a Adult Family Care), or AFC, is a MassHealth program that can help you with the caregiving of your disabled loved one. It is available to anyone age 16 or over who is on MassHealth or CommonHealth.

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Topics: special needs planning

Protecting the Rights of Massachusetts Voters with Disabilities

Posted by Elizabeth Stepakoff on November 1, 2016

About 35 million eligible voters in the U.S. have a disability – close to one in six. Although voting is one of the most fundamental rights granted to American citizens, nearly a third of voters with disabilities reported facing obstacles to voting in the 2012 election, including difficulties with physical access to the polling place, reading the ballot or operating the voting machine.

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Topics: special needs planning

Housing: Is My Intellectually Disabled Child Likely to be Entitled to a State-Funded Group Home?

Posted by Karen B. Mariscal on October 22, 2016

When planning for the future, one of the questions that parents of intellectually disabled children will need to consider is where the child is likely to live as an adult, and who will pay for it. If the child will need life-long support and will not able to live on his or her own, some governmental assistance may be provided, but how much?

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Topics: special needs planning

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