3 Tips for Planning to Care for an Adult Sibling with Special Needs

3 Tips for Planning to Care for an Adult Sibling with Special Needs

When a family has a child with special needs, the care of that child eventually falls on the shoulders of the entire family. The parents generally care for the child for as long as they are able. However, when the parents begin to age and are unable to care for their adult children with special needs, the siblings are often called upon to take over care of their special needs sibling. This brings extra responsibility and stress financially, emotionally, and can impact the schedule of the caregiving sibling. Siblings who are charged with the responsibility of a special needs adult must begin planning for how they are going to manage this situation before they must take over the responsibility.

1. Ease Your Way into Caregiving

The first tip for caring for an adult sibling with special needs is to ease your way into the role of caregiver. If the eventual care of a sibling with special needs is in the future, find tasks you can begin doing to care for them. Maybe begin by taking them for an appointment or for some other outing. Another great opportunity is to care for them during times when parents might be out of town or in order to just give parents a weekend break. This can be beneficial for all family members involved. It can give tired and aging parents a bit of rest while also giving the special needs sibling the opportunity to become more familiar with living in a different place. It gives the sibling caregiver a good chance to get to experience the needs of their sibling in a time frame that is more controlled.

2. Explore Legal Needs

Chances are the parents of the adult special needs child have put into place many resources to help care for their special needs child once they are unable to do so. But if a sibling is to be the future caregiver, they need to be involved in this planning and understand their role and legal rights and responsibilities. One legal issue that needs to be addressed is guardianship. The family needs to decide when the caregiving sibling should assume the role of guardian and take care of all legal paperwork necessary, so that this is in place when needed. An elder law attorney can be of assistance in helping to be sure all the proper paperwork is complete. If there is a special needs trust in place, the attorney can also help the family to make all the arrangements for the management of the trust. If a trust needs to be created, the attorney can also assist. Legal matters such as guardianship and the management of trusts can often take time, so it is important to have these conversations early and make decisions, in advance, as a family.

3. Have a Financial Plan

Often parents plan for the long-term care of adult children with special needs. However, there are families that have no plans in place. If a sibling knows that they will eventually be the primary caregiver for their sibling, they should begin becoming familiar with the benefits received by their siblings with special needs and benefits available to family members who serve as caregivers. It is very important that parents and future sibling caregivers sit down and discuss wills, trusts, and insurance, so that the caregiver also understands what financial support will be left for the care of the sibling with special needs. Outlining the cost of caring for the special needs sibling can also be a helpful step in planning to care for the sibling. Once a sibling caregiver understands the financial support and costs of taking care of the sibling with special needs, then they can begin planning ahead and creating a budget that works.

Planning ahead and knowing the legal and financial needs of caring for a sibling with special needs can help make a difficult transition run more smoothly. These changes are hard for all family members involved. Support is available, because even the most prepared will need help at one turn or another.

If you have any questions about something you have read or would like additional information from our Marietta special needs planning lawyer, please call us at 770-425-6060.

What an Atlanta Special Needs Planning Attorney Will Do for You

Atlanta Special Needs Planning AttorneySpecial needs planning attorneys in Atlanta have very specialized knowledge that can help families plan for their children’s future.  There are so many things to keep straight when it comes to raising your special needs child, and focusing on what will happen to him or her after your death is not something that is pleasant to contemplate.  Still, it is very important to take the time to meet with a special needs planning attorney in Atlanta in order to give your child the best opportunities.

An Important Tool

Special needs planning is a part of estate planning, and one of the most common things an Atlanta GA special needs atttorney is likely to advise will be a “special needs trust.”  The reason that this trust is so important is that it allows you to set aside money for your child’s future without jeopardizing his or her eligibility for government benefits such as Social Security and Medicaid.  Unfortunately, leaving your child even a small inheritance can make it so he or she is no longer eligible for this kind of aid and can severely impact quality of life.

Trusts for Your Child

There are different types of trusts that the attorney will go over with you.  Some are funded by the person with special needs, say through an award from a personal injury case or from an inheritance.  Others are specifically funded by a third party such as parents or other family members.  The second kind is the special needs trust, and if it’s the right choice for you, a qualified Georgia special needs trust attorney will be able to help you understand your options with the trust.

People to Consider

In addition to helping you set up the trust, a special needs attorney will also be able to help you determine the appropriate trustee.  In some cases, this may be a family member or other caregiver.  In other cases, the lawyer or firm may take care of the administration of the trust.  An advocate may also be chosen.  This person will be familiar with both the beneficiary’s needs and the intentions and wishes of the person creating the special needs trust.

Using the Trust

When the trust is set up, the person creating it (called the “grantor”) has a say in how the funds are to be used.  For example, money can be dedicated to the daily needs of the beneficiary.  Dispersal schedules can be created, as well.  In this way, rather than giving someone a single lump sum, you can set up a situation where monthly allotments are made.  The advocate would understand this and work with the trustee to make sure the terms were being followed in the beneficiary’s best interest.  At the same time, the trustee is charged with managing the funds through investments or other means that keep the trust funded.

Of course, this is just an introduction to the possibilities of a trust.  For a much fuller understanding and to get the ball rolling, we invite you to contact our Atlanta special needs attorneys who are knowledgeable about the field, as well as how Georgia’s state laws come into play.  To schedule a Georgia Treasures Planning Session (valued at $750) at no charge, simply call 770.425.6060 and mention this article.

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