If your child is disabled, it is vitally important to talk with a Medicaid planning lawyer. An experienced attorney can provide you with assistance in understanding how to help ensure your child will have access to Medicaid benefits as he or she gets older and needs coverage for medical care.
The Law Offices of James A. Miller, P.C. provides comprehensive assistance to parents whose children are disabled. Our legal team can not only help you to protect your child’s access to Medicaid but can also work with you to take other steps that you need to in order to help ensure your child with a disability has the brightest future possible. Give us a call today to find out more about the ways in which our legal team can assist you with making plans to protect your child’s future.
How Can a Medicaid Planning Lawyer Help Parents of a Disabled Child?
Many parents whose child has a disabling condition will want to ensure they are able to provide financially for their child if their son or daughter is not going to be able to earn enough to be self-supporting due to his or her disability. Parents may save money to leave for their disabled child or could purchase a life insurance policy in order to provide for a disabled child when the parent passes away.
Unfortunately, if parents simply leave a lot of money and property to a child who has a disability, this can create a serious problem. The inheritance can sometimes cause a loss of access to Medicaid benefits and to Supplemental Security Income benefits that the disabled child may have been counting on.
Many people with serious disabilities are not able to get insurance except through Medicaid. Supplemental Security Income is also an important program for people with severe disabling conditions, because Supplemental Security Income can provide income to someone who cannot work due to disability status.
Medicaid and SSI are both means-tested programs. This means that people with too much money and, in some cases, too many assets are not able to qualify for benefits. If a parent simply leaves an inheritance to a disabled child, or if a parent wants to make a financial gift to a disabled child during that child’s lifetime, the assets the child obtains from the parent could possibly cause disqualification from means-tested benefits.
Loss of access to benefits could be a major problem. Money and property left to the child could be used up quickly if the child with the disabling condition no longer has any insurance coverage for medical bills or has any income coming in from Supplemental Security Income. Instead of an inheritance being available to enrich the quality of life of the disabled child for many years, the money could all be lost in a matter of months by being spent on costly medical care that Medicaid should have paid for.
Parents of a disabled child can work with a Worcester Medicaid planning lawyer to help ensure that this undesirable outcome does not become a troubling reality. An experienced attorney can assist parents in making comprehensive plans not only to help ensure their child has continued access to Medicaid but also to address other issues as well. For example, a child who has a disabling condition may not be able to manage money and property effectively on his or her own.
The creation of a special needs trust is one common solution that can solve both the problem of preserving Medicaid eligibility and ensuring money is appropriately managed for someone with a disability. A special needs trust is a specific type of trust created for someone with a disabling condition which must follow all requirements under the law. The Law Offices of James A. Miller, P.C. can help parents to determine if a special needs trust is the right choice for them and can assist with the trust creation process.
Getting Help from A Worcester Medicaid Planning Lawyer
The Law Offices of James A. Miller, P.C. assists parents whose children have disabilities in all aspects of disability planning. Our legal team can not only guide parents through the creation of a special needs trust but can also assist with determining who should serve as guardian of a child and care for that child once parents no longer can.
To find out more about making plans for your child with special needs, join us for a free seminar. You can also give us a call at 866-370-3888 or contact us online to talk with an experienced member of our legal team.
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