Southpoint Estate Planning is excited to host a special event at Reality Ministries on May 23, 2024 at 6:00pm. Jenna Hamill Flynn (LCSW) from the Autism Society of North Carolina will be joining us to explain the Innovations Waiver's Registry of Unmet Needs in the state of North Carolina. Participants will leave with a stronger understanding of the steps to take to be placed on the waitlist as well as what to expect in the process.

The NC Innovations Waiver is a Federally approved 1915 C Medicaid Home and Community-Based Services Waiver (HCBS Waiver) designed to meet the needs of Individuals with Intellectual or Development Disabilities (I/DD) who prefer to get long-term care services and supports in their home or community, rather than in an institutional setting.

Your most valuable property may be your home, which is true for many people. You likely want your children to inherit that value when you pass away.

However, you may also have concerns about planning for the future, especially if your health declines and you need expensive long-term care. You may be aware that Medicaid can pay for these services. However, Medicaid rules say you can own no more than around $2,000 in assets to be eligible – now what?

Because of their disability, a person receiving Supplemental Security Income (SSI) may not have worked long enough to qualify for Social Security Disability Insurance (SSDI) benefits on their own work record. Therefore, once they meet the government’s strict physical or mental disability requirements and fall under SSI’s income and asset caps, the SSI recipient might assume that they will never obtain SSDI benefits in the future.

However, this is not always the case. In fact, many SSI recipients who became disabled prior to turning 22 years old may begin to receive SSDI benefits when one of their parents retires, becomes disabled, or passes away.

A business may be required to report under the CTA even if it is a business that is not required to report for Federal income tax purposes (such as a single-member LLC), and even if it was formed to hold specific property, such as real estate, and does not conduct any active business.

How can you ensure that your special needs child will remain well cared for and secure once others assume the role of guardian or caregiver? While creating a financial plan and establishing a specialized trust are central to preparing for your child's future, special needs planners also advise families to write down their intentions and expectations in a document referred to as a Memorandum of Intent, also known as a "Letter of Intent."

Children with disabilities present a unique challenge for parents who are looking to engage in estate planning. For one, you will want to optimize your estate to provide assets for your child. At the same time, maintaining their enrollment in public benefits programs is no doubt going to be essential.

To ensure you meet both of these objectives requires careful planning. A special needs trust is an estate planning tool that can accomplish these and other goals you may have for your child.

With the arrival of the new year, revisions to the annual gift tax and estate tax exclusions will be going into effect, as recently announced by the Internal Revenue Service (IRS).

About 45 percent of adults say they plan to travel for the holidays, per The Vacationer.

With multiple generations getting together for holiday meals, gift exchanges and quality time, these annual gatherings present an opportunity to broach sensitive but important topics with your aging loved ones. By communicating with them and knowing their wishes, you can help them plan for their future.

Among adults aged 18 and older in the United States, estimates suggest that about 125,000 have Down syndrome (DS). It remains the main genetic cause of intellectual disability that qualifies individuals automatically for Supplemental Security Income (SSI) and, in turn, Medicaid. Yet very limited research exists on how adults with DS use Medicaid compared with other groups.

Currently, individuals who acquired a severe disability prior to age 22 are eligible for Social Security Disability Insurance (SSDI) based on a parent’s work record.

However, if a young person with a disability then wishes to pursue employment opportunities as they transition into adulthood, they may put themselves as risk of losing another benefit, the Disabled Adult Child (DAC) benefit.

In June 2023, Sens. Ron Wyden (D-OR), Bill Cassidy (R-LA), and a group of fellow senators reintroduced a bipartisan bill, known as the Work Without Worry Act.

Designed to allow adults with serious, lifelong disabilities to work without becoming ineligible for certain benefits, the legislation could aid about 6,000 individuals with disabilities over the coming decade if it passes.

Most estate planning attorneys can help you craft an estate plan that minimizes or avoids probate altogether. Probate proceedings are part of the public record and can be very time-consuming and expensive. However, in nearly every case, to some extent probate is necessary. So, it’s important to understand how to navigate the process.

Anyone experiencing the struggle of simultaneously caring for children and aging parents is part of the sandwich generation. Although “generation” is part of the phrase, it doesn’t refer to people born at a specific time. Typically, these family caregivers will be in the 30- to 40-year-old age range, providing for their families and balancing care duties between the needs of children and parents.

Parents of adult children with disabilities know that their child's disability needs may change over the course of their lifetime. Planning for the future well-being of an adult child with disabilities is, therefore, a responsive, ongoing process.

The life expectancy of many adults with disabilities has increased over time. For example, according to research, life expectancy for adults with Down Syndrome rose from 25 in 1983 to 60 in 2020. Those with cerebral palsy, the most common motor disability of US children, may often live into their 50s.

The ever-increasing life expectancies of people with disabilities mean that comprehensive special needs planning requires short- and long-term planning.

The announcement about the cost-of-living adjustment (COLA) for 2024 is now out, and it’s good news for disability benefits recipients. Those who rely on Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) will soon see a 3.2 percent increase in their monthly payments.

The Setting Every Community Up for Retirement Enhancement (SECURE) Act, which went into effect in 2020, changed how beneficiaries of inherited retirement accounts must withdraw these funds. The Act’s passage made it more difficult for individuals to pass their retirement savings on to their heirs without tax liability.

More Americans are living longer, with the number of people older than 65 projected to increase to more than 80 million by 2040. As this population reaches retirement age, the risk of social isolation substantially increases – along with its negative effects.

Keeping older adults socially engaged is an important part of their overall well-being. Older people are at high risk for social isolation as age, disease, and loss rob them of their social connections. In addition to a greater feeling of loneliness, diminishing social interactions can leave older adults vulnerable to developing diseases like dementia and other chronic illnesses.

For caregivers, deciding what is best for their senior loved ones can feel overwhelming. Given the benefits of fostering social interactions among seniors as they age, many caregivers might consider prioritizing opportunities to keep their aging loved ones socially active and connected.

Continue reading to learn more about the benefits of social connection, the risk of loneliness, and tips for keeping your family member connected as they age.

1. Buy enough life insurance. A parent is irreplaceable, but someone will have to fill in if the worst happens. It may be siblings or other relatives. In all likelihood, that family will have to pay for at least some services the parent or parents had provided when able. If the estate is not large enough for this purpose, it can be made large enough through life insurance proceeds. Premiums for second-to-die insurance (which pays off only when the second of two parents passes away) can be surprisingly low.

2. Set up a trust. Any funds left for a child with special needs, whether from an estate or the proceeds of a life insurance policy, should be held in trust for his or her benefit. Leaving money for anyone with a special need jeopardizes public benefits. Many people with special needs cannot manage funds, especially large amounts. Some families disinherit children with special needs, relying on their siblings to care for them. This approach is fraught with potential problems. Siblings can be sued, get divorced, disagree on their responsibilities, or run off with the funds. It can also cause tax problems for the siblings. The best approach is a trust fund set aside for the child with special needs.

Emotional support animals (ESAs) are pets prescribed by a licensed mental health professional for those with disabling mental illness. While emotional support animals are commonly cats and dogs, any animal can serve in this capacity, such as a bird, rabbit, or reptile. Caring for the animal benefits a patient’s mental health.

All participants in a survey by the Assistance Dog Center (TARSQ) and CertaPet reported that having an emotional support dog improved their quality of life. ESAs increased feelings of security, independence, and energy, reduced stress, and enhanced sleep. They provided motivation, structure, joy, and companionship and fostered social interactions. These animals also helped participants reduce panic attacks and handle work obligations.

People with disabilities in the labor force face higher unemployment rates, work fewer hours, earn lower incomes, and accumulate less wealth than those without a disability. According to 2022 data, the unemployment rate for American workers with disabilities is twice that of people without disabilities.

Individuals with disabilities also can encounter several barriers when looking for employment. Workplaces can be inaccessible and lack assistive tools or technologies as well as systems, services, and policies to accommodate employees with disabilities. They may also experience stigma at work.

The No Surprises Act is a federal law enacted to protect patients from unexpected medical bills incurred on or after January 1, 2022. It aims to address the issue of surprise medical billing, which can occur when patients receive unexpected charges for their medical care. The Act applies to out-of-network emergency services, out-of-network air ambulance services, and certain out-of-network care received at in-network facilities.