Legal Overview for Special Needs Community - Key Points and Considerations

YOU DONT KNOW WHAT YOU DON T KNOW: A LEGAL OVERVIEW FOR THE SPECIAL NEEDS COMMUNITY

Agenda Legal Disclaimer Introduction ABLE Accounts Medicaid Waivers Estate Planning Alternatives to Guardianship Guardianship Miscellaneous

Legal Disclaimer The information provided in this PowerPoint and in my presentation is intended as a general guide and does not create an attorney/client relationship between myself and anyone else. Everyone s situation is fact specific and while I provide an overview that is applicable to many situations, my guidance may not be exactly what is best for your specific situation. Any communication had during the course of this event is not confidential and is not had as part of an attorney/client relationship. While I try my darndest to include everything in this PowerPoint and in my presentation, I have missed stuff...I don t know what stuff yet, but I know it is out there. This is not an exhaustive overview of everything that you need to know.

Introduction Melissa Benn, melissa@mytexaslawyer.net, 979-393-0345 Aggie undergrad, nontraditional (i.e. old) graduate of South Texas College of Law Mom, Stepmom, Oma, cat/dog/crab/chicken/duck/rabbit mom Former childcare director Avid baker and reader

ABLE Accounts https://www.texasable.org/ Achieving a Better Life Experience Can be used for qualified disability expenses expenses for the benefit of the designated beneficiary to maintain or improve health, independence, or quality of life Eligibility Texas resident Disability present before age 26 Can prove disability SSI or SSDI eligibility Physician s diagnosis Compassionate allowances conditions

ABLE Accounts contd Can save up to $19,000 per year Lifetime max of $500,000 Up to $100,000 are disregarded for government assistance purposes Open for $50 Deposit minimum of $25 Reloadable prepaid US Bank Focus Card

Medicaid Waivers Home and community based services (HCBS) Must meet both financial and functional eligibility at time you get to the top of the list Provide opportunities for people to receive cost-effective supports and services in their home Include services for personal assistance, employment supports, therapies (occupational, physical, and/or speech) https://www.thearcoftexas.org/get-involved/waiting-2/ Get on the waiting list NOW!!!!

Estate Planning Special Needs Trust Avoid interference with benefits Can set-up before or after death Unlimited amount of assets Cannot be used for housing or food Is not subject to a judgment Pooled Trusts https://www.thearcoftexas.org/

Estate Planning contd Name guardians for your children in your wills Power of Attorney for finances (SDPOA) Power of Attorney for medical

Alternatives to Guardianship Power of Attorney for finances (SDPOA) Power of Attorney for medical Supported Decision Making Agreement Supports and services

Guardianships Enables you to keep being a parent after your child turns 18 Can be specifically tailored to your child Removes the ability of your child to make many adult decisions Puts the responsibility for your child back onto you Process should be started within 6 months of 18thbirthday Has annual reporting requirements

Guardianships Deep Dive Health Care Provider s Certificate of Medical Examination Application Service of Citation/Notice Registration of Guardian JBCC Online Training Bill of Rights for Proposed Wards Attorney Ad Litem - Represents your child s wishes Guardian Ad Litem - Represents best interests

Health Care Providers Certificate of Medical Examination pg.2 4. Cognitive Deficits a. The Proposed Ward is oriented to the following (check all that apply): Person Time Place Situation b. The Proposed Ward has a deficit in the following areas (check all areas in which Proposed Ward has a deficit): --- Short-term memory --- Long-term memory --- Immediate recall ---Understanding and communicating (verbally or otherwise) --- Recognizing familiar objects and persons --- Solve problems --- Reasoning logically --- Grasping abstract aspects of his or her situation --- Interpreting idiomatic expressions or proverbs --- Breaking down complex tasks down into simple steps and carrying them out c. YES NO-- The Proposed Ward s periods of impairment from the deficits indicated above (if any) vary substantially in frequency, severity, or duration.

Health Care Providers Certificate of Medical Examination pg.2. 5. Ability to Make Responsible Decisions Is the Proposed Ward able to initiate and make responsible decisions concerning himself or herself regarding the following: YES NO-----Make complex business, managerial, and financial decisions YES NO----- Execute a medical power of attorney (see Attachment 1) YES NO----- Execute a durable power of attorney (see Attachment 2) YES NO----- Execute a supported decision-making agreement (see Attachment 3) YES NO-----Manage a personal bank account If YES, should amount deposited in any such bank account be limited? YES NO If YES, delineate the amount deposited in any such bank account? $____________ / month YES NO----- Safely operate a motor vehicle YES NO-----Vote in a public election YES ammunition YES YES residence YES basis YES (ADLs) (e.g., bathing, grooming, dressing, walking, toileting) without supports and services YES NO-----Attend to basic activities of daily living (ADLs) (e.g., bathing, grooming, dressing, walking, toileting) with supports and services YES NO-----Attend to instrumental activities of daily living (e.g.,shopping, cooking, traveling, cleaning) YES NO----- Consent to medical and dental treatment at this point going forward YES NO----- Consent to psychological and psychiatric treatment at this point going forward NO----- Purchase, use or possess firearms or NO-----Make decisions regarding marriage NO-----Determine the Proposed Ward s own NO-----Administer own medications on a daily NO-----Attend to basic activities of daily living

Guardianship Deep Dive contd Meet with Court Investigator Hearing Oath of Guardian Bond Court Visitor annually Annual reports Modification if necessary

Guardianship Deep Dive contd. Duties of the guardian of the person Ensure all supports and services available are utilized Annual doctor and dentist visits Responsible for residential or employment decisions Update the Court about major life changes

Miscellaneous Utilize our amazing community Prepare for the future ARD/IEP Social Media All of the other stuff I forgot

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