Most people are aware of typical estate planning concepts, including the use of living trusts to avoid the expense and complications of probate. Fewer people are aware of the considerable need for estate planning for families with individuals who have disabilities, such as autism or down syndrome or any other disability that makes it likely the individual will qualify for government benefits because of his or her disability.
For individuals who are disabled and who either have never worked or do not have enough quarters to qualify for social security disability income, there are a number of government programs that provide benefits. Disabled individuals can apply to social security for Supplemental Security Income (SSI), but SSI has strict income and asset guidelines for eligibility. An individual under the age of 18 will generally qualify for benefits only if his or her parents' income and assets meet the eligibility tests. Individuals 18 and older qualify based upon on their own income and assets.
SSI currently provides a maximum monthly income of $674 per month, but that benefit is reduced for individuals living at home with their parents. Also, SSI recipients typically qualify for Medicaid, a joint state-federal medical program administered by the states.
Another social security program that provides benefits to individuals with disabilities is "Disabled Adult Children." To qualify for this benefit, one must have a disability with an onset before age 22, and at least one of the individual's parents is already receiving social security benefits. This benefit can provide more financial assistance than SSI, and after receiving benefits for two years, the individual qualifies for Medicare, irrespective of age.
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