By Linda S. Ershow-Levenberg
Certified Elder Law Attorney (C.E.L.A)
February 2008

Estate Planning Concerns if A Family Member Receives SSI

The parents of a young adult who cannot work due to severe disabilities can assist him or her to file for SSI.

This is the path to take if the parent or parents are still employed. Since the SSI recipient cannot be the owner of assets, special estate planning strategies should be considered. The parent can engage an attorney and create a Special Needs Trust, also called a "d4a trust," and the child can transfer his or her assets into the Trust. This is one way to assist the child to meet the financial criteria for SSI. If the parents are the legal Guardian of the child, they can petition the court for permission to transfer the child's assets to such a trust. If the child is a minor but is incapacitated, the parents should consider filing for Guardianship once the child reaches age 18.

The parents would also want to consider creating a Supplemental Needs Trust or Special Needs Trust in their Last Will and Testament if the child receives SSI benefits. In this way, the inheritance would be placed in the Trust and the child would not lose his or her SSI and Medicaid benefits. Many issues will require careful consideration, including the choice of trustee, what to do about a place for the child to live, and the amount of money to be placed in this Trust.

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