Planning for a Disabled Child

Estate pre-planning should be an important part of everyone’s financial regimen, but this process becomes even more important when you have a child with disabilities.

A lot of factors go into creating a uniquely designed plan, depending on their unique personal challenges and whether they are a minor or adult. The goal is to help your special-needs child continue to lead an enriching, happy life even in your absence.

A Lifetime of Care

The larger goal of special-needs planning is to preserve public aid while also supplementing your child’s care. There are additional benefits to taking care of this right away: If plans are put in place while you’re still alive, the estate avoids probate. Others interested parties, like their grandparents, can contribute to a trust. Named co-trustees can also get hands-on experience in helping with childcare and administering the guardianship. Depending on the child’s capability, this money-management program may be critically important since it will be the only future path to protecting eligibility for benefits. It will provide additional funds for a broader scope of care and create a financial resource should benefits become restricted or end all together.

Special-Needs Trust

Children are at particular risk if they are unable to live independently after the death of a parent of guardian. A specialneeds trust can ensure that they are provided with needed resources and care over the course of their lifetime. Parents or guardians should name the trust as a beneficiary in their will, according to the American Bar Association, instead of the child. Many public-aid options are designed to be resource dependent, meaning recipients aren’t eligible if they have access to a certain amount of money. These trusts allow for an inheritance without endangering aid provided by Medicaid, SSI or other government programs because assets held in trust are not directly available to the child. Funds from life-insurance policies, IRAs and retirement plans can also be directed to the trust, and the child still has access to other programs.

Designating a Caretaker

Beyond the obvious financial considerations, parents and guardians must select a designated caretaker to look after their special-needs child — or to manage their care, if the child is in an assisted-living environment. Work with an attorney who specializes in estate planning in order to create both a trust and this succession plan, since states have differing regulations and laws regarding who may serve as a legal guardian p are less likely to have an estate plan than in years past. Hispanic Americans are the least likely racial demographic to have a will, with only 23% saying they have an estate plan in 2023 – this is a decrease of 17% since 2022 and 39% since 2021. Additionally, findings show that young adults are nearly as likely as middle-aged adults to have a will – 26% of Americans ages 18 to 34 said they have a will, compared to 27% of Americans ages 35 to 54.

“Inflation is causing the public to think more about their financial futures, and for many people, this means that they are thinking about end-of-life planning,” says Jim Rosenthal, CEO of Caring.com. “Yet we haven’t seen a significant uptick in estate planning, with too many people simply putting off this crucial piece of financial planning. More education is needed to help Americans understand the importance of estate planning — and the consequences for their loved ones if they fail to do so.”

The survey asked respondents without wills what would motivate them to create one – 41% said they are waiting until they have a health crisis, and 1 in 4 said nothing would motivate them to plan their estate. When those who do have a will were asked what prompted them to create one, 28% say retirement, 26% say death of a loved one, and 22% say family

*Your

*Social

*List

How To Get A Green Card

How to Seek Asylum/ continued from page 1 enough money, and have cash for airfare, a passport, and time to wait: apply for humanitarian parole, which will allow you to fly into the U.S. and work legally for 2 years. If you don’t, go to Mexico and Step 3.

Step 3: Try to find safe shelter on the Mexican side of the border (while evading Mexican immigration enforcement if you don’t have permission to be in Mexico). If you can find it, and have the ability to freely travel to a port of entry (instead of having your smuggler decide where you’ll be crossing), go to step 4. If not, cross into the U.S. between ports of entry—something that will carry a criminal penalty—request asylum, and go to step 7 for your eventual screening interview.

Step 4: If you have a phone that can install CBP One, the ability to read English, Spanish, or Haitian Kreyol, and patience to try to register for appointments day after day and hope you win a lottery for an appointment slot: download CBP One and keep trying to get an appointment until you are allowed to access the normal asylum process by going through a port of entry. If you run out of patience, money, cell signal, or hope, go to step 5.

Step 5: Go to the port of entry – assuming there aren’t U.S. or Mexican officials positioned in front of it preventing you from setting foot on U.S. soil. Try to get the attention of an officer and request asylum if you make it onto U.S. soil, then go to step 6.

Step 6: Wait for your credible fear interview with an asylum officer. You can argue to them that you were unable to use CBP One due to an “ongoing and serious obstacle”; the burden is on you to prove that. If you can persuade the official it is more likely than not you were thus prevented, go to the normal asylum process, starting with a credible fear interview. Otherwise, go to step 7.

Step 7: The asylum officer will ask whether you applied for—and were denied—asylum in another country before coming to the U.S. (Having applied for asylum but given up while waiting on an overloaded asylum system to review your application doesn’t count as a denial.) If you didn’t, you are now presumed barred: ineligible for asylum. Go to step 8.

Step 8: The asylum officer will now find out if you qualify for an exemption to the bar—in legal terms, whether you “rebut the presumption” of ineligibility. If you were subject to an “acute” medical emergency; in “imminent and extreme danger;” or being trafficked in a “severe form” and can demonstrate all of this to the asylum officer’s satisfaction, you will be allowed to access the normal asylum process, including a credible fear interview. Otherwise, go to step 9.

Step 9: At this point, the interview will proceed like a normal asylum screening interview, with questions about persecution faced in your home country and why you fear return. But the standard for passing the interview has shifted. Instead of the normal asylum process, which uses a “credible” standard met by 60% of interviewees over the last year (though it’s been higher in the past), you’re now subject to a “reasonable” standard that about a third of interviewees have met over that period. If you can pass the higher bar, you pass the interview and will be allowed to stay in the U.S. to appear before an immigration judge; go to step 12. If you can’t, go to step 10. continued on page 16

Step 10: You fail the interview. If you want to appeal to a judge, request it in writing and go to step 11; otherwise, you will be deported.

Step 11: The judge reviews your interview transcript with the asylum officer and does their own review of whether you have demonstrated that you meet an exception to the bar (like the asylum officer did in step 8). If they find you do, you will be allowed to access the normal asylum process. If not, they’ll then review whether you demonstrate “reasonable fear” (as in step 9). If they find you do have a “reasonable fear,” go to step 12. If they find you don’t, you will be deported. Step 12: You are allowed to apply for asylum before the immigration judge— which doesn’t mean you’ll get it. Submit your asylum application, then wait six months to six years for your hearing before the judge.