Information of interest to people with disabilities and other special needs and their families. Strategies for Couples: What to Consider When Both Persons Have Special Needs. When two individuals with special needs live together as a couple, what kind of financial strategy should they have? Should it include measures not found in other couples’ strategies – couples in which only one person has special needs, or neither person does? “Whatever your situation, whether single, married, or living together, whether you have special needs or not, your financial strategy will differ from others,” says Harry Bayer, a Special Care Planner with Massachusetts Mutual Life Insurance Company (MassMutual) in Birmingham, Alabama. “That’s because strategies are created to meet the particular needs of the individual, couple, or family.” Different couples, different needs Let’s look at two supposed situations (created for illustrative purposes; not actual couples), which may reflect your own circumstances. Couple #1, Both individuals in our first couple are high functioning and can work to supplement their income, but because they receive government benefits, they’re limited in how much they can earn* without jeopardizing their benefits. They want to ensure that when one dies, the other will have funds to pay for things he or she may want or need. “We’d want to take a look at the couple’s complete financial situation and learn more about their lifestyle before reviewing options with the couple,” says Bayer. A savings account or other type of investment in their names could affect their eligibility for government benefits, but they may want to consider creating a special needs trust. The couple might have separate trusts or one shared trust, depending on what’s most suitable for them. It could be funded with proceeds from a life insurance policy, an investment, gifts of money or an inheritance, or some other source of revenue. Trust funds could be used for the couples’ needs now (excluding food and shelter expenses) and later when there’s only one income (due to death or other circumstances that may prevent one of them from working). All aspects of the couple’s financial situation should be considered before creating a trust, and they, along with others on their team of financial experts, should work with an attorney who’s experienced in writing special needs trusts. Couple #2, Our next couple is young, and they’re eager to marry and live on their own, which they can do with a good deal of help from their parents and other caregivers. Each has an SNT. “We’d want to work with this couple’s team of supporters to determine if they should continue to have separate trusts,” Bayer says. “The couple, the parents, and any other individuals significantly involved with assisting this couple (such as conservators or guardians) should meet with a financial professional and attorney who are skilled in working with individuals with special needs. It might be best to leave things as they are, especially since each individual’s parents have already spent time and money creating a trust for their own child. But when they marry, their lifestyle and needs will change, and adding a new trust to supplement the individual ones, or creating a single trust for both, might be the way to go.” More steps What else might a couple with special needs do? Here are some ideas. Government benefits. We’ve said it before, we’ll say it again. Know the income and asset levels that will keep you eligible for benefits and maintain those levels. Re-qualifying for benefits, if you lose them, will take time and energy, and while you wait for approval (many months or even a year or more), your financial security suffers. Establish a team. “You need a team who can work together for your benefit,” cautions Bayer. “Use pros who are experienced in helping people with special needs – a good lawyer and financial pro who knows the nuances of a strategy for special needs, your banker or accountant – people who can help you with Social Security benefits, who can be your real advocates, who can work with others involved in your well being.” Life insurance. There are many ways life insurance is used in strategies – insuring lives of the individuals with special needs, parents, grandparents, siblings, or others – but there are many types of policies, and many factors come into play before a decision can be made.” Additionally, a parent, grandparent, or other relative might use a life insurance policy to fund an SNT for the individual with special needs. Earnings beyond Social Security. You’ll probably want your income to be more than just Social Security benefits. A highfunctioning couple might work and earn income (keeping it within the requirements to maintain eligibility), or a couple might receive support from parents or other loved ones. Gifts of money or assets can be directed to an SNT. Trust funds can then be used for the sole benefit of the trust beneficiary(ies) to pay for things such as caregiver services, therapies and equipment not covered by Medicare, housing expenses, furniture, school tuition and expenses, entertainment, vacations, and even to purchase gifts for the beneficiary(ies) to give to others. Advocates and personal guardians. At times, an advocate (friend, family member, attorney, SNT trustee, or even an institution) can help the couple make decisions, secure benefits, provide advice, and so forth, especially if the couple faces intellectual challenges. You may also want to name someone as legal guardian to make decisions and provide support related to finances, personal assistance, or both. “It’s an awesome responsibility,” cautions Bayer, “so choose carefully.” Inform others. After you’ve created a financial strategy, tell friends and family. “Talk to grandparents and others who may be putting money aside for you,” says Bayer. “Their gift may jeopardize government benefits or might work harder for you if incorporated into your already-established strategy.” Review your financial strategy. Once established, plan to review your strategy annually and whenever a major event occurs. Think ahead to what your future might hold. If you have children, or plan to one day, incorporate the entire family’s current and future needs into your strategy and make changes as needed. What’s your reality? The examples at the beginning of this article are general and incomplete descriptions of two fictional couples with special needs. In reality, we could continue to create an unlimited number of scenarios, and still we may not exactly describe the situation faced by you or a loved one. Our intent was to open your eyes to options you may not have been aware of and show that there may be ways to resolve concerns, improve your current financial picture, and put strategies in place for a more secure future. Talk to a financial professional or attorney who has training and experience in helping individuals, couples, and families with special needs. * Limits for SSI and SSDI may differ. Visit , call 1-800-772-1213 or talk to your case worker for more information. MassMutual has carried the Exceptional Parent (EP) Symbol of Excellence since receiving it in 2004 in recognition of its commitment and service to people with disabilities and other special needs and their families. * The Special Care Planner receives advanced training and information in estate and tax planning concepts, special needs trusts, government programs, and the emotional dynamics of working with people with disabilities and other special needs and their families. The certificate program is offered by The American College in Bryn Mawr, PA, exclusively for MassMutual financial professionals. State insurance departments recognize that the Special Care Planner certificate program provides essential information on the profession of special care by granting continuing education (CE) credits (varies by state). A Special Care Planner through MassMutual’s SpecialCareSM program can assist parents in drafting Letters of Intent and can help make a difference in the quality of life for an individual with special needs, their caregiver and other family members. Through SpecialCare you will learn valuable financial strategies, identify financial strategy solutions, access vital information, and meet certified specialists who will work with you and your professional advisors – your banker, accountant or financial planner, lawyer, social workers and health care providers – to review your financial picture and offer options to fit the needs of each situation. For more details, visit MassMutual’s website at http://www.MassMutual.com/specialcare, or call 1-(800)-272-2216. About MassMutual MassMutual Financial Group is the marketing name for Massachusetts Mutual Life Insurance Company (MassMutual) and its affiliated companies and sales representatives. Assets under management include assets and certain external investment funds managed by MassMutual's subsidiaries. Founded in 1851, MassMutual is a mutually owned financial protection, accumulation and income management company headquartered in Springfield, Mass. MassMutual’s major affiliates include: OppenheimerFunds, Inc.; Babson Capital Management LLC; Baring Asset Management Limited; Cornerstone Real Estate Advisers LLC; MML Investors Services, Inc., member FINRA and SiPC (www.finra.org and www.sipc.org), MassMutual International LLC and The MassMutual Trust Company, FSB. MassMutual is on the Internet at www.massmutual.com. The information provided is not written or intended as tax or legal advice and may not be relied on for purposes of avoiding any Federal tax penalties. MassMutual, its employees and representatives are not authorized to give tax or legal advice. Individuals are encouraged to seek advice from their own tax or legal counsel. Individuals involved in the estate planning process should work with an estate planning team, including their own personal legal or tax counsel. Reprinted with the expressed consent and approval of Exceptional Parent, a monthly magazine for families and professionals dealing with individuals with disabilities and special health care needs. Digital Subscription cost is $19.95 per year for 12 issues. Call (800) 372-7368. Offices at 416 Main Street, Johnstown, PA 15901 ©2010 Massachusetts Mutual Life Insurance Company and affiliates, Springfield, MA 01111-0001 Massachusetts Mutual Life Insurance Company, Springfield, MA. www.massmutual.com. MassMutual Financial Group is a marketing name for Massachusetts Mutual Life Insurance Company (MassMutual) and its affiliated companies and sales representatives. www.massmutual.com SC 1157 0811 CRN201307-150776
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