Relocating? Ensure Your Special Needs Plan Moves With You

If you have already established an appropriate special needs trust for your child, then congratulations! You've taken a wonderful step toward ensuring that your child can take maximum advantage of the government programs available for their needs. At the same time, you are providing the child with security for all the things the government can't or won't provide. (If you have not yet established a special needs trust, be sure to check out some reasons why it may be a good idea).

Having gone through this process, assisted by a qualified special needs planner, you may assume that you've done all you can to protect your child's benefits, and in most cases, you have indeed accomplished 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 somewhere else in the United States, be aware of these potential concerns.

Finding the Same Services Can Take Time

Relocating to a new state with a child who has disabilities can present a unique set of challenges. One of the main difficulties is navigating the unfamiliar landscape of programs and services available for individuals with disabilities in the new state. This can be overwhelming and time-consuming, as each state may have different eligibility criteria and regulations.

Additionally, finding the right health care providers, therapists, and educational resources for your child can be a daunting task. Ensuring continuity of care and support during the transition period is crucial to the well-being of your child. Seeking guidance from a special needs planner can help alleviate some of these challenges and ensure a smooth relocation process.

State Regulations Can Vary

Of course, you want to do whatever you can to make your child's transition as seamless as possible. Yet provisions in your child's special needs trust are almost always designed specifically for your current state of residence and may not work properly in the new home. Planning well in advance of the move will save you time, money, and a great deal of hassle.

If your family is moving to another state, you should immediately contact a qualified special needs planner in your future home state. Find time to discuss with them the steps you have already taken in regard to your child's needs. You should also talk with the attorney who drafted the original trust documents. Consider putting that attorney in contact with your new special needs planner.

The new planner will review the trust documents and let you know what, if anything, needs to change for your child's special needs 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.

You May Need to Involve the Court

If your child's special needs 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.

Reapplying for Medicaid

Keep in mind that some types of Medicaid benefits (like emergency care) travel with your child's SSI benefits. However, other state-specific Medicaid programs, including all-important in-home care plans and other rehabilitative care, may not. In this case, 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 special needs trust assets.

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

Additional Reading

To learn more about special needs trusts and planning for your child's future, refer to the following articles:

• What Can a Special Needs Trust Pay for Without Affecting SSI and Medicaid?
• How to Use Life Insurance to Fund a Special Needs Trust
• What You Should Know Before Beginning Special Needs Planning
• Planning for Children and Adult Children With Special Needs