As a parent or guardian of a child with special needs in Pennsylvania, preparing for their transition to adulthood is a critical step. Turning 18 brings legal and financial changes that can affect eligibility for government benefits like Medicaid and Supplemental Security Income (SSI).
At Sikov and Love, P.A., our Pittsburgh attorneys have been serving families since 1952, and work with special needs individuals to ensure their future is secure. This article outlines key considerations and tools, such as special needs trusts, to protect your loved one’s benefits and quality of life.
Why Transition Planning Matters
When a child with special needs turns 18, they gain legal independence. Without proper planning, an inheritance, personal injury settlement, or even well-meaning gifts could disqualify them from benefits like Medicaid or SSI. Transition planning, even before your child reaches adulthood, ensures your child’s financial and care needs are met while preserving their benefits.
Key Challenges at Age 18
- Loss of Parental Authority: At 18, parents have a much harder time making legal or medical decisions without a power of attorney or guardianship.
- Benefit Eligibility Risks: Assets over $2,000 (for SSI) can disqualify your child unless placed in protective structures like a special needs trust.
- Care Continuity: Ensuring consistent access to medical care, therapies, and support services requires proactive legal planning.
The Role of Special Needs Trusts
A special needs trust (SNT) is a powerful tool to provide for your child without jeopardizing government benefits. Assets in an SNT are not counted toward Medicaid or SSI eligibility, allowing your child to receive inheritances, settlements, or gifts while maintaining access to critical programs.
At Sikov and Love, P.A., we craft tailored estate plans to fit your family’s unique needs, ensuring funds are available to special needs family members for expenses like medical care, education, or personal support that government benefits don’t cover. Contact us at 412-567-1236 or through our online form to schedule a consultation and secure your loved one’s future with confidence.