Many parents and families planning for the care of their loved one with special needs will consider setting up a special needs trust. (Special needs trusts are also often referred to as supplemental needs trusts and SNTs). These trusts allow assets to be left to a disabled or chronically ill person without disqualifying them for certain benefits, such as Medicaid.

Assisted living facilities and nursing homes are long-term housing and care options for older adults. Although people sometimes use the terms assisted living and nursing home synonymously, they are distinct.

The Centers for Medicare & Medicaid Services (CMS) has released the 2023 federal guidelines for how much money the spouses of institutionalized Medicaid recipients may keep, as well as related Medicaid figures.

Lois Curtis – known as “L.C.” in a historic disability rights case — has died. She passed away from cancer at her home in November 2022 at age 55.

Curtis, who had intellectual and psychiatric impairments, was institutionalized from her teenage years into her early 20s. She and another plaintiff, Elaine Wilson, eventually went on to fight for their right to live in their community rather than being unnecessarily institutionalized.

Supplemental Security Income (SSI) is a monthly payment issued to disabled children and adults who have income and resources that are under an amount set by the Social Security Administration (SSA). There are many important factors that determine your eligibility for SSI. SSI recipients are responsible for reporting changes to the SSA when they happen. The following are three examples of what must be reported by SSI recipients.

The U.S. Department of Health and Human Services (HHS) has recently started to focus on finding ways to support family caregivers by assisting them with resources to maintain their health, well-being, and financial security while they act as caregivers. As part of this, it has announced the implementation of a 2022 National Strategy to Support Family Caregivers.

HHS estimates that approximately 53 million people provide a broad range of assistance to their aging, health-compromised, or disabled loved ones each year. Millions more open their homes to grandparents as well as children who cannot live with their parents.

At Southpoint Estate Planning we are dedicated to serving our community. We understand that the financial burden can oftentimes deter people from seeking the guidance they may need for some of life’s most challenging moments. We sincerely hope that our clinics can provide an opportunity for those folks to get the advice and resources to help with their circumstances.

We host quarterly pro bono clinics that cover a variety of topics such as Elder Law, Special Needs Planning, Wills and Trusts, Powers of Attorney, Health Care Powers of Attorney, and Guardianships.

A diagnosis of dementia, a category of diseases affecting memory and thinking that includes Alzheimer’s disease, can feel overwhelming and upsetting. You might worry that you will lose control over your life and ability to make your own decisions. Fortunately, receiving a diagnosis of dementia or Alzheimer’s does not mean that you cannot execute legal documents or make decisions about plans for your future finances and health care.

Many senior citizens may need the services of a nursing home or at-home care at some point in their life. You might assume that government assistance or health insurance will step in and cover the cost if you cannot afford these services. Unfortunately, neither health insurance nor Medicare covers long-term care. Because obtaining long-term care insurance can be very expensive, Medicaid could become your only option.

Affordable, safe housing is one of the most crucial aspects of a person’s life, especially if that person has a disability. Parents and guardians must plan for this as early as possible to make sure their loved one has a secure and appropriate living situation long after they either become unable to provide care or pass away. Here are some general considerations to keep in mind when formulating a plan. The plan that works best for your family should be affordable in the long term and best suited to your loved one’s disability.

To qualify for Supplemental Security Income (SSI), a federal program that provides people with disabilities a monthly stipend, individuals must conform to very strict income and asset limits. Often, SSI beneficiaries who could hold a job opt not to because they worry about losing their benefits if they earn too much. While this is a valid concern, a program known as PASS offers these individuals the opportunity to pursue their professional ambitions while continuing to receive SSI payment.

Elder law and estate planning serve two different -- but equally vital -- functions. The main difference is that elder law is focused on preserving your assets during your lifetime, while estate planning concentrates on what happens to your assets after you die.

Medicaid law provides special protections for the spouses of Medicaid applicants to make sure the spouses have the minimum support needed to continue to live in the community while their husband or wife is receiving long-term care benefits, usually in a nursing home.

If you have a child with disabilities, it is crucial to set money aside for the child’s future. At the same time, you need to consider your child’s access to public benefit programs such as Medicaid and Supplemental Security Income (SSI), as well as the state and federal tax implications. The two major vehicles to accomplish these goals, ABLE accounts and special needs trusts (SNTs), each have their advantages and limitations. Using them in tandem may be the optimal strategy for your child with special needs.