Legal Planning

Attorney Barbara Jackins' book is a must have resource for parents of children with special needs and the professionals and advocates who assist them. In an easy-to-read, conversational style, she covers the essential elements of SSI, guardianship, and estate planning when there is a child with a disability in the family.

The 2010 Edition includes the 2009 changes in Massachusetts law pertaining to guardianship.

Although some of the materials are specific to Massachusetts, most of the strategies she discusses are valid in any state.

Don't live in Massachusetts? Then you can simply ignore the fine points about that state's guardianship laws and procedures. The rest of the book--her practical estate planning strategies and SSI pointers-- will get you on track no matter where you live.

In a relaxed, conversational style, Attorney Barbara D. Jackins explains the essential elements of SSI, guardianship, and estate planning when there is a child with a disability in the family. You will find the information you need to:

From the Foreword by Theresa M. Varnet, J.D., ACSW

I am delighted and honored to have been asked to write the foreword…Barbara Jackins’ efforts to better educate parents of children with special needs is timely and very useful…

Like Barbara, I am the parent of a young adult challenged with developmental disabilities…[book] is easy read, thorough, and comprehensive…

While writing a will is important, it is absolutely essential that any will include
a special needs trust! Our children should not lose critically needed government
assistance programs at a time when they need them the most. Barbara’s book goes
beyond the importance of special needs trusts, however.

Barbara reviews several important topics: how to save money for your child’s
future in a way that will not jeopardize government benefits, and why it is so
important for your child to have a guardian, an agent under a durable power of
attorney, or other personal representative to help your child negotiate the system
after he or she reaches adulthood at age eighteen. She also does an excellent
job in helping families better understand the SSI and SSDI programs. These two
programs can be quite intimidating. Barbara explains the differences between
these two benefit programs, including the eligibility requirements, the application
process, and the appeals rules. Both SSI and SSDI can play a crucial role in
our children’s future, and every advocate needs to thoroughly understand these
programs.

Legal Planning for Special Needs is an excellent planning guide. Parents of
children with special needs and the individuals we hope will look out for and
advocate for our children when we are no longer able to care and advocate for
them will benefit by having this book at hand.

From the INTRODUCTION

THIS BOOK IS FOR PARENTS of children with special needs. It is intended to explain in practical terms how you can develop a sound plan for your son’s or daughter’s future.

It doesn’t matter how old your son or daughter is. He or she could be a young child, getting ready to graduate from special education, or settling into a comfortable middle age. When you have a child with a disability, you can’t leave things to chance. There is too much at stake.

I have had a disability-related law practice for over 25 years. During that time, I have seen
firsthand how the failure to adequately plan can cause unnecessary cost, anxiety, and delay.

I first became interested in planning issues many years ago when my son, who has developmental disabilities, was a young child. Like many parents in my situation, I quickly became immersed in the world of disabilities. As time went on—as happens with many parents—my personal circumstances came to influence the kind of work I chose to do. Eventually my law practice became almost completely centered in areas of the law that are important to families like ours: disability, public benefits, and estate planning.

Legal Planning for Special Needs in Massachusetts represents what I have learned in my law practice. Why SSI, guardianship, and estate planning? Because those areas of the law concern almost every family that has a child with a disability, and all of them require advance planning.

Consider Supplemental Security Income (SSI). Most people with disabilities will first qualify for this government benefit program at age 18. But if a person has more than $2,000 in assets, he or she cannot get benefits. With birthday checks, cash gifts, and our own diligent savings efforts, it doesn’t take much to put your child over the $2,000 limit. Start planning early to find the proper ways to save money so that your son or daughter will not lose any benefits when he or she reaches age 18.

Guardianship is another area that can benefit from advance planning. Guardianship may not be appropriate for every family. But if you do decide to seek guardianship, you should have the legal authority in place on or shortly before your son’s or daughter’s 18th birthday. That way, you will be able to act immediately if there is an emergency.

Estate planning is another important area. Almost every family can benefit from having an estate plan. Having a proper plan in place can help assure a son’s or daughter’s financial security when we are no longer here.

The book is divided into four parts.

Part I (Chapters 1 through 10) covers SSI. Part I includes the program basics, how to apply, and how to manage the SSI benefits after the checks begin to arrive.
Part II (Chapters 11 through 19) covers guardianship and conservatorship. This part addresses the decision to seek guardianship, how to get appointed, and the guardian’s responsibilities. Part II also covers the new Massachusetts guardianship law that took effect on July 1, 2009.
Part III (Chapters 20 through 28) covers estate planning. This part includes information about wills, the special needs trust, and other important estate planning documents. I also explain the correct way—and the wrong way—to save money for your son or daughter with a disability.
Part IV (Chapters 29 through 31) ties up some loose ends: registration for the Selective Service, Massachusetts identifications cards, and the Chapter 688 transition process.

I also want to explain what Legal Planning for Special Needs in Massachusetts is not. It is not intended to be a substitute for the services of qualified professionals. Instead, this book is a guide to working with professionals such as attorneys, financial advisors, accountants, and tax consultants. Legal Planning does not attempt to address every conceivable situation that could come up. All families are unique, and different circumstances require different approaches.

Another point: the laws and procedures in this area are quite complicated. Questions are bound to arise, and you will probably need qualified professionals to answer some of them. Be sure not to hire just anyone. Ensure that the person is knowledgeable about special needs and experienced in working with families like ours.

How can you find a qualified professional? Start by asking your family and friends. Perhaps someone has worked with someone they can recommend. The Arcs (formerly called Associations for Retarded Citizens) and other organizations that assist families can be another good referral source. There are also some suggestions in the Resource section.

A last point: This book explains the current laws and procedures. Of course, those laws and procedures may change over time. I will update this book periodically to reflect those changes. Another way for you to stay on top of new developments is to attend some of the informative workshops sponsored by the Arcs and other organizations that assist people with disabilities. You can find an Arc in your area by contacting the Arc of Massachusetts (http://www.arcmass.org, telephone 781-891-6270).

I hope the information in this book is useful to you. If you have any questions about what you have read, don’t hesitate to seek the advice of a qualified attorney. You can benefit from developing a relationship with someone who can assist you and your family. After all, there is no substitute for sound personal legal advice.

“Attorney Jackins has extensive legal experience in disability, public benefits, Medicaid and estate planning, and personal experience as a parent of a child with developmental disabilities. Her comprehensive planning guide offers easy-to-understand explanations of the essential elements of SSI, guardianship, asset protection and estate planning for all families who have a disabled child.”

“As a long-term administrator and advocate for supports and services that promote a high quality of life for individuals with developmental disabilities, I highly recommend that this book be included in the library of every parent, guardian or other supporter of individuals with special needs.”

“This book is a “must have” reference manual for all parents who have children, teens, and adults with Asperger Syndrome.”

“This easy-to-read guide answers the questions you didn’t know you needed to ask.”

“The author’s expertise, empathy, and easy writing style all combine to create the relaxed intimacy of a conversation over coffee with a very good, knowledgeable friend.”

Carol Beard, member, DMR Citizen Advisory Board,
DMR Citizen Review Board, past President, Greater Boston Arc

“This comprehensive guide is an amazing resource. You are going to see this book on the shelf of every professional advocate in the state.”

Jerry Silbert, Autism Society of America National Board
President, ASA Massachusetts Chapter

Barbara D. Jackins practices law in Belmont, Massachusetts. Her practice centers on areas of the law that affect people with disabilities and their families, such as estate planning, Medicaid planning, government benefits, guardianship, and trust administration. She has served on the Governor’s Commission on Mental Retardation: Task Force on Public-Private Partnerships. Barbara currently serves on the Boards of Directors of several local agencies that provide services to individuals with developmental disabilities. She is a member of the National Academy of Elder Law Attorneys and a 1978 graduate of Suffolk Law School. She is married to Attorney John L. Mason, Jr. and is the parent of an adult son with developmental disabilities.

In 2004, she co-authored Special Needs Trust Administration Manual: A Guide for Trustees (DisABILITIESBOOKS). In 2010, she co-authored a revision: Managing a Special Needs Trust: A Guide for Trustees (DisABILITIESBOOKS, 2010). In 2006, the first edition of her book Legal Planning for Special Needs in Massachusetts: A Family Guide to SSI, Guardianship, and Estate Planning (DisABILITIESBOOKS) was published.

PART I: Supplemental Security Income

PART II: Guardianship

PART III: Estate Planning

PART IV: Loose Ends

APPENDICES