IWannaBeATrustFundBratWhenIGrowUp

 

Introduction/Definition/etc Body Conclusion Discussion Page History Page Statistics Page Views:  since creating on 20100620

 

Introduction/Definition/etc

 

Writings about Father's Day, Special Needs Trusts,

Pools and Self Funded, some local options and other

issues in disability and public benefits

and why the public possibly screws with

disabled after their parents die,

with lawyers and in other ways...

 

20100620 3.17 am Jerry

 

Body

 

So it's Father's Day 2010 and I have some remaining issues

from MyFatherPassedAwayLastNight and other stuff...

 

Learning about Special Needs Trusts, aka

Supplemental Needs Trusts, not the same as

a Trust Fund Brat, but maybe as close as

some disabled will get...

 

Something like a non profit taking care

of the person after a parent dies, or other

caregiver/ guardian, but REMEMBER

IANAL (let me Repeat, I Am Not A Lawyer,

this is not legal advice, nor any other professional

advice, just my experience and what I've

learned about recently and sharing with

you for free... )

 

So people with disabilities (as defined by

Social Security, other countries probably differ,

but check where ever to be sure)

and on public assistance (read SSI

and/or SSDI and maybe other benefits),

say theoretically have a parent that dies

and the parent wants to keep their progeny

happy and healthy (or as close as disabled

can get) and want to leave an inheritance,

or other gift.  What does that do to public benefits?

Probably makes them ineligible...

 

SSI is Needs Based, and currently at about

$600/ month, up about $200 since I last recalled

likely decades ago...

 

SSDI is not Needs Based and calculated

from the work quarters, the person putting

into Social Security has had.  That means

tax records, and income records before the

person gets to retirement age.

[Those doing unreported tips and restaurant

and/or under the table stuff, you're probably

screwing yourself as well as others,

especially in that SSDI way...]

 

I've said for a while "Disability is Like

Retirement, but Everyone Thinks You

Should Be Working, But Can't..."

 

So something happens [phrase is shit happens],

at least in the MH world, probably has a crisis,

goes to the psych ward, gets

a Label of Schizophrenia, Depression,

Anxiety Disorder or other fun stuff <grin>

and maybe someone puts all the medical

records before Social Security Disability

Determination Service or similar organization,

and maybe after a year or expedited (rushed?) while

in the hospital, the person starts getting

Disability or SSI.  Medicaid and maybe

Medicare if the person has been disabled

for a year or two, and maybe public housing,

or some other way of staying off the streets,

gutters and/or graveyard, or other similar institutions,

and housing assistance which is said

to be Needs Based...

 

Unlike Non Profit Kit for Dummies,

where one may be able to set up the

organization themselves, with books

and other researching resources,

Lawyers are involved in setting up

a Special Needs Trust...

 

About $1000 or more to set up a

trust.  And there are two types

based on the 1993 or so Federal Law,

mostly Elder and Estate Law,

a speciality, as Lawyers Like Doctors

Specialize, all very cheerful stuff,

planning for ones' death,

or at least for the care of those

you care about...

 

Many Catch-22s here it seems to me,

Depressives may think about their death a lot,

sometimes fondly, sometimes not

(N.B. : I'm not currently suicidal,

so don't read that into this, not doing great,

but not actively suicidal...)

 

They maybe talk with their doctors and therapists,

maybe even Priests and/or religious / spiritual

advisors, etc.

 

Lawyers cost money, Legal Aid may or may

not do anything, and probably just ignore their

clients and don't answer even intake forms,

[but that's public system for you,

you're probably used to that by now <grin>...]

and like I said, the disabled are probably

on public benefits, so might be screwed

there too...

 

So let's say the enlightened/ informed

consumer/survivor/ex-patient hears about

Special Needs Trusts,  looks at Wikipedia

and other sources and sees it might

be helpful.  Hard to tell just by searching

the internet, like many thing opinions like

assholes abound...

 

Where do they get $325/ hour

or more to set up a trust?

Remember they are disabled and at least

with SSI, can't have more than $2000

in assets (possibly not counting 1 car

and 1 house/ place to live).  No where...

And Legal Aid may not be a help...

 

And death doesn't really go on a schedule,

unless you are planning your own death,

even those in hospice they guess 6

months, by definition, but nothing seems

to go as planned.  Someone pulled off

cardiac meds (they don't abruptly stop

psych meds, but taper off, unless an allergy

or similar reaction, why would they do it with

other meds???)  And while I'm at it,

why morphine?  Someone should not suffer,

but making an addict and putting someone

into drug induced hallucinations near the end???

 

So someone finds a lawyer and lawyers

being lawyers, says something like

"people choose to be homeless"

and other such ignorant stuff,

lawyers like doctors probably have never

been homeless, much less worked with

homeless, they can't afford their services

and have upper middle class biases...

while charging $325 or so an hour.

What next?  Walk out the door?

Sue?

 

So there are Pooled Trusts (group of people

in a trust), possibly set up by

the same ignorant lawyer,

Locally, it's Arc Of Northern Virginia,

but Commonwealth Community Trust

somewhere around Richmond,

and Something in DC and Maryland. 

Check your local jurisdiction for more...

Each jurisdiction should have one,

and it's probably a monopoly,

like other provider stuff, their

way or the highway...

 

Commonwealth Community Trust

has a website, I don't know it off

the top of my head, but look it up,

and Maryland and DC have one too.

Looks like you are tied to your

jurisdiction, for some unknown reason,

while pay and work can come from

say another state, then why not a

trust???

 

Some things I remember from reading

the sites, Arc doesn't give fees on their

website, which is a major problem, IMO.

Hiding the true costs seems dishonest,

to me.

CCT does post fees, and some forms. 

But DC charges i.e. keeps 50% of the

remainder for the trust,

which seems like Self Pay to me...

 

Fees for running a trust vary,

afaict.  For small amounts of money

(read less than $500k, some websites say)

bankers and other investment people

won't give you the time of day,

or at least their snobbish attitude...

Basically Poor people, yuck...

 

Arc charges .9% for one part and

.75% for something else,

one is an Arc fee the other SunTrust.

One is quarterly and the other annual.

and trust monies are kept in a pooled

subaccount, and one year 2008 or so

lost over 35% or so in value before fees,

when the stock market tanked or similar,

at least in the most aggressive/

high growth of the 5 or so options they offer...

NOT FDIC insured,

it's an investment and long term,

or so people would tell you.

Lots of hand waving here...

Not my fault, not my problem,

lost money, too bad...

 

Financial and investment people

probably call it Risk, and while people

with other monies, assets and stuff

might be willing to take a Risk I don't

see how disabled can afford to...

 

But, if you don't, screwed also, as

money in a simple savings account

loses value compared to other stuff...

Inflation, fees, etc, and you are

going backwards instead of making

money, staying even,

much less keeping up with the Jones,

etc...

 

So elderly parents/ Fathers of disabled

children, and even disabled themselves

might want to think ahead, as much

as they can, and plan for the eventuality,

or at least hope of outliving their parents.

 

Special Needs Trusts might be a way

of keeping some benefits, even if they

aren't working for you, because you

are probably on benefits now, and just

because a parent or other caregiver/

guardian dies doesn't mean it Should

turn your live upside down...

 

Keep in mind, if someone never

had any money, they don't know

about taxes, investments, etc

and likely will not learn it, because

someone else will be making the

decisions for you, a Special Needs

Trust means you don't decide.

You make requests, but someone else

decides what is good for you,

which is quite contrary to Empowerment,

Recovery and Self Directed Care,

IMO (In My Opinion).

 

Very counter intuitive, and something

that seems like only a Lawyer can

screw with your life and future life

in that way...

 

But if a parent doesn't think about

it ahead of time, and probably does

the naive and logical thing

and leaves something to their

progeny, then it might fuck them up,

er, Pardon Moi Francais,

benefits wise...

 

Irvin Yalom, M.D. the psychiatrist

and group and existential text book writer

among other writings

like Stories Twice Told

(from both sides of the couch),

When Nietzsche Wept, and 

Love's Executioner also wrote

Staring At The Sun or similar titles

about people facing their own mortality,

and while I've not read it all, seems like

don't look directly at it, as, like the sun,

it burns your eyes out without some filtering...

 

But enough cheerful stuff, Son, sorry

I wasn't there, She Didn't Want Me

And You To Know, but you are likely

of an age that you can figure it out

yourself.  Hope you are not also disabled

and have avoided many of the issues

I've dealt with in my life...

 

Wish It Had Turned Out Differently,

I Played The Hand The Best I Could,

(see other published writings)

and that's about all we can do...

 

 

 

Conclusion

 

Summary of experience or similar

 

Discussion

 

A place for feedback on the page presented

 

Page History

20100620 Jerry

• Jerry created this page to celebrate Father's Day ...

 

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