For many families that include a child with autism, the questions concerning who will take care of the child in the future and where the money to support that child will come from are daunting thoughts. Some parents choose to postpone planning rather than deal with the difficult reality that faces them; however, early, careful planning can secure a disabled individual’s future long after his or her parents have passed away.

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When planning for a disabled person’s financial future, issues of entitlement to government benefits are an inevitable part of the discussion. The law is both complex and extensive with respect to qualifying for and obtaining such benefits. To make matters worse, two of the most common benefit programs, Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI), are each administered by the Social Security Administration; however, these programs offer very different benefits and have very different rules as to who may receive them.

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In a previous article, I wrote about the importance of a Supplemental Needs Trust and how it permits a disabled individual, as the beneficiary of the trust, to gain or maintain eligibility for means based government benefits such as Medicaid and Supplemental Security Income (SSI). Once a trust has its funding, the Trustee (the person or persons appointed as the Fiduciary to manage and administer the trust assets) is then responsible not only for the demanding financial requirements of trust management, but to do so in a manner that considers the disabled beneficiary’s financial, medical, emotional and social circumstances.

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In previous articles, I have written about the importance of a Supplemental Needs Trust and, more specifically, how it enables a person with a disability to have money and assets accumulated for him/her (typically managed by a family member or friend) without affecting or jeopardizing eligibility for means based public benefits such as SSI and Medicaid.

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