When the Caregiver Dies

By Julie Fielder
Attorney

Everyone can benefit from having a current estate plan in place to address their wishes and the needs of their family when they die. This is perhaps even truer for parents of children with special needs. Starting estate planning early and adjusting often can be essential to the provision of quality care for special needs children once their caregivers die.

For Rita Vaszuez, who lost her husband to cancer last year, concern about what might happen to her son Gabriel when she passes is at the forefront of her mind.  Rita is a 68 years old widow who is singlehandedly raising her autistic son, who is now 37 years old. Like all parents, Rita worries about what will happen to Gabriel once she is gone.

Individuals with disabilities have some obviously special needs that need to be addressed, such as financial security, access to appropriate health care, personal safety, quality of life and above all, a trusted caregiver to lovingly care for them. Parents of special needs children always wonder, “who will strive to understand my child’s needs and care for them like I do?”

The best thing you can do for your own piece of mind is to develop a plan for your child’s care now. Think about what you want their lives to be like. Would they be happiest staying in the family home with another caregiver? Or would they thrive in a group home environment? What about daily habits? Many individuals with special needs require significant structure in their daily lives and rely heavily on familiar patterns. Keeping a list of daily activities, likes, dislikes, behaviors and triggers can greatly assist a transition in caregivers.

One of the most critical pieces of your special needs estate plan is the development of a special needs trust. Individuals with special needs are eligible for a host of state and federal benefits, but they must meet certain financial criteria. One of the worst things you can do is name them as a beneficiary to a large or even modest estate. This is important information to pass on to other family members and well-intentioned friends who might consider leaving assets to your child in their wills.

This is not to say that no one should leave your child out of his or her will. Instead, set up a special needs trust and ask them to bequeath assets to the trust. This will ensure that your child is taken care of financially, without losing critical government benefits like Social Security Income and Medi-Cal.

Making a plan for the care of your special needs loved one when you pass can help alleviate some of the anxiety that comes with worrying about the unknown. Horizon Elder Law & Estate Planning has helped hundreds of clients and their families develop estate plans that address their personal family needs. Call today at 925-224-1185 to schedule a consultation. 

About the Author

Julie M. Fiedler, an Attorney at Law, has been a resident of San Ramon since 1988. With over 30 years of experience in healthcare and senior services as a Registered Nurse, she is recognized as a Certified Elder Law Attorney (CELA) by the National Elder Law Foundation. Julie is accredited by the Department of Veterans Affairs to assist individuals with VA benefits. Her extensive involvement includes serving on the Board of Directors for the National Academy of Elder Law Attorneys, Inc., and as the past President of the Northern California Chapter of the National Academy of Elder Law Attorneys. She is an active member of California Advocates for Nursing Home Reform and ElderCounsel. Additionally, Julie Fiedler has contributed her leadership skills as President of the Adult Day Services Network of Contra Costa.