Moving? Make Sure Your Special Needs Planning

Moves With You

In This Issue:

1. Moving? Make Sure Your Special Needs Planning Moves With You

2. About The Firm

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 Moving? Make Sure Your Special Needs Planning Moves With You

 
If you have already established an appropriate special needs trust for your child, then congratulations! You've taken a wonderful step towards ensuring that your child can take maximum advantage of the government programs available for his or her needs, while also providing your child with security for all the things the government can't or won't provide. Having gone through this process, assisted by a qualified special needs planning attorney of course, you may think that you've done your job to protect your child's benefits, and in most cases, you have done a great deal. However, if you are thinking about moving to another state with your child, or if your child has grown up and is moving away from home, beware. Provisions in your child's trust are almost always designed specifically for your current state of residence and may not work properly in your new home. Planning well in advance of your move will save you time, money, and a great deal of hassle, while helping to make your child's transition as seamless as possible.

 

Once you have decided to move to another state, you should immediately contact a qualified special needs attorney in your future home state and discuss the steps you have already taken in regards to your child's needs. You should also talk with the attorney who drafted the original trust documents, and put that attorney in contact with your new special needs planner. The new attorney will review the trust documents and let you know what, if anything, needs to change in order for the trust to function properly. Often, changing the trust can be as simple as executing a brief amendment or having the trustee sign off on slight changes. If your child's trust was established by a court, which often happens as part of a personal injury settlement, you may need to obtain court approval for any substantive changes to the document. Furthermore, you may have to transfer authority over the trust from the court in your current home to a new court in your new state.

While Supplemental Security Income (SSI) is a federal program with a uniform benefit rate, many states offer additional SSI payments to beneficiaries. Parents need to be aware that their child's benefit may be reduced or increased, depending on the state to which they are moving. As for Medicaid, it is both a federal and state program, and in some states, such as Virginia, must be applied for separately from SSI. So even though some types of Medicaid benefits (such as emergency care) in some states travel with your child, most Medicaid benefits don’t. In many states, your child will have to go through an additional application process in your new state, with different regulations regarding the treatment of your child's trust's assets.

The key lesson for any family choosing to relocate is to plan well in advance. Utilizing a qualified special needs attorney is the best way to familiarize yourself with your new state's programs and laws, and to ensure quality, ongoing care for your child.

If you have recently moved to Virginia, Maryland or Washington DC, the Farr Law Firm would be happy to review your current Special Needs Trust to see if it is appropriate or if modifications are necessary, and also to assist you with applying for Medicaid in your new home state.

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About the Firm

Evan H. Farr, CELA, CEA, has been in private practice in Fairfax since 1987, is a Charter Member of the Academy of Special Needs Planners, and is the only attorney in Virginia who is both a Certified Elder Law Attorney and a Certified Estate Advisor.* Since 2007, Evan has been named by Virginia Super Lawyers Magazine as one of the top attorneys in Virginia, and in 2008 Evan was named by Washington, DC Super Lawyers Magazine as one of the top attorneys in DC. The Super Lawyers designation is bestowed upon the top 5% of lawyers in each state as chosen by their peers and through the independent research of Law & Politics.

The Farr Law Firm helps protect individuals with special needs and their families. For those with a disabled family member, proper estate planning often dictates the use of a Third-Party Special Needs Trust. For a disabled person who inherits money, a First-Party Special Needs Trust is typically required. We also help personal injury claimants and attorneys in connection with settlements received by a disabled child or adult.

Click Here For Information About the Attorneys and Staff On the Farr Law Firm Team

*Certified as an Elder Law Attorney by the National Elder Law Foundation and Certified as an Estate Advisor by the National Association of Financial & Estate Planning. Virginia has no procedure for approving certifying organizations.

 
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