Page 15 - NC Triangle Vol 7 No 2

JULIE SAWYER LITTLE | Life Care Planning
Life Care and Estate Planning for a Special
Needs Child
Alife care plan should be an es- sential element of a family’s es- tate plan if they have a special needs child regardless of the age of the child. e goal of the life care plan is to provide a comprehensive assess- ment and outline current and future needs (and associated costs) for an intellectually challenged or physically disabled child. e intent is to foster as much independence as possible while providing a safe and appropri- ate environment for them. During the estate planning process, families use the plan as a guide to locate neces- sary services and additional resources which may be needed in the care of the child.
WHY IS A LIFE CARE PLAN IMPORTANT?
ere are several important con- siderations through the planning process. Typically, these children are receiving some services which are government funded. Parents should consider, however, that public bene- ts are o en lacking and usually need to be supplemented to cover the cost of care. Additionally, bene ts and the individual’s needs will likely change over time.
To protect the disabled child’s (or adult) bene ts, it is helpful to use the life care plan to incorporate a special needs trust or a supplemental needs trust. Such a trust serves two primary functions – managing the funds for someone unable to do so due to a dis- ability; and preserving the individual’s eligibility for public bene ts, whether
that is Medicaid, food stamps, Supple- mental Security Income, public hous- ing, CAP Services, etc.
roughout this process, it is also important to budget for a case man- agement service to e ectively imple- ment the plan. Typically, the case manager would have a rehabilitation or nursing background who could serve as a liaison to the estate attor- ney or nancial planner who is man- aging the funds. e case manager could also assist with coordination of care, evaluating additional therapy or equipment needs, a change in medical condition, additional support needs or to respond to a crisis.
DESIGNING THE ESTATE PLAN
What typically happens in the estate planning process is I will work in col- laboration with the family and attor- ney to provide a life care plan which outlines all the necessary services which may be required. Many times, these plans will look very similar to ones developed in other litigated set- tings (such as personal injury, medi- cal malpractice, etc.) An example of some critical components (and costs) which need to be considered and ad- dressed include:
• Case management services.
• Home placement versus facility, group home placement, or retire-
ment housing.
• Respite care.
• Support care needs (nurse, nurse
assistant, companion). • Equipment needs.
• Transportation.
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Once the life care plan is complet- ed, it is reviewed with the client and the attorney but ultimately, the par- ent or the guardians use the plan as a guide in decision making.
CASE STUDY
I had the opportunity to consult on a case involving a young adult with a diagnosis of bipolar disorder and sub- stance abuse. At the time of our meet- ing, she continued to reside with her parents in a highly structured setting. Because she continued to demonstrate poor judgment and decision-making skills, the parents asked for me to con- sult with and develop a plan.
roughout the process, I com- pleted a comprehensive assessment of their daughter, considered her current resources, and her desires, along with her parent’s wishes and concerns. It was important for the daughter to have input during the process and for me to evaluate and provide options for consideration. We discussed the possibility of supported apartment living, group home, and independent living. Several scenarios and cost were then submitted with ultimately the family made decisions in consultation with their attorney.
e goal in this case, as with most estate plans for special needs children was to allow her as
much independence
as possible while protecting resources and the estate.
Julie Sawyer-Little, owner of Sawyer Consulting, LLC has provided life care planning and vocational forensic con- sulting since 1998. She received her Master of Science in rehabilitation counseling and vocational evaluation from East Carolina University. She is also a licensed occupational therapist. She has provided vocational forensic con- sultation, long-term disability evaluation and life care planning services in personal injury, workers’ compensation, employment law, medical malpractice and family law matters. Sawyer-Little is a fellow of the American Board of Vocational Experts, certi ed life care planner, and certi ed rehabilitation counselor. For more information visit www.jsawyerconsulting.com or call (919) 772.1486.
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