There are a growing number of people with special needs, and a growing awareness that individuals with disabilities are living and functioning among us capable of contributing to society. The government responded to the growing special needs population by passing the Americans with Disabilities Act (ADA) in 1990. This law prohibited discrimination based on disability.
Disability planning requires knowledge of the law as well as knowledge of government benefit programs such as Medicaid and Medicare, SSI and SSDI as well as knowledge of local community organizations and the programs they offer.
Special needs planning could include planning for the current everyday needs of a disabled client, or planning for parents or grandparents for the future needs of their special needs child or grandchild. Planning for a disabled or special needs child might include an Article 17A Guardianship proceeding in Surrogate's Court, or the establishment of a Testamentary Special Needs Trust that would allow the parents or grandparents to leave assets to their disabled child or grandchild without affecting eligibility for governmental benefits such as SSI or Medicaid.
There are many various types of special needs trusts used in disability planning. The special needs planner must first understand the client's needs and then should develop a plan after pricing together governmental benefits and available local programs and services. Special needs planning is a challenging, but a highly rewarding area of practice, one in which the attorney can truly make a difference in a client's life.