Leaving an inheritance to a disabled child can create more problems than it solves. A disabled adult with as little as $2,000 in assets will be disqualified from government programs, such as Medicaid.
That inheritance will have to be spent before the disabled person can receive government assistance. If that person is institutionalized even a sizable inheritance can disappear quickly.
This can all be avoided with a properly drafted and administered special-needs trust.
You can create the trust and use funds to improve your loved one's life without endangering eligibility for government programs. They are usually drafted in such a way that they do not take care of the essentials, housing, clothes, or food, but to take care of supplementary and quality of life expenses, like education, recreation, computer equipment, music, books, etc.
There are approximately 50 million Americans who have a disability. Two-thirds of those people have disabilities that are severe. Having a special needs trust creates a more secure future for these individuals. Any parent can establish this kind of trust and you don't have to be wealthy. A parent can set up a special needs trust for disabled child and contribute to it over time. Should they pass away suddenly the trust would continue to function without interruption.
If you are worried about not being around forever to help and protect a special needs child, you should contact a qualified attorney to get it going.
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