Tips on special-needs planning

Tips on special-needs planning
Key points include balancing the family's needs with those of the disabled person, planning for two generations and maximizing government benefits
SEP 25, 2018

When Alexandria Nadworny talks about working with clients who are caring for family members with special needs, she starts with the basics. "The language you use is important, which is why you always put the person first," she said. "It's not a disabled person; it's a child with autism or a person with mental health concerns." Ms. Nadworny, a member of the special-needs team at Shepherd Financial Partners, has a 27-year-old brother with Down Syndrome. Speaking Monday in St. Louis at the XY Planning Network annual conference, Ms. Nadworny emphasized some basic do's and don'ts that have helped her firm specialize to the point where half the practice is dedicated to special-needs planning. "You have to help the family strike a balance to make sure they are taking care of their own needs in addition to the needs of their family member with a disability," she said. "Plan for the knowns first, including what the parents need to achieve their goals, then plan for different scenarios." (More: Fidelity launches savings plan for disabled children)​ Unlike traditional planning strategies, Ms. Nadworny said that when a disabled dependent is involved, it involves "planning for two generations," planning up to the eventual death of the parents and then to the death of the dependent with a disability. "When dealing with a child with special needs, you can't calculate anything," she said. "You need to help families to be able to prioritize different goals, and if they don't have enough resources, find out what else can be done to intensify the resources of government benefits." For example, she pointed out that between the ages of 3 and 22, the dependent is entitled to education, which is a benefit and resource that expires and changes at various stages. "Maximize the benefits, especially between age 18 and 22," she said. "Age 18 is a huge pressure point because the child is no longer a child, the parents' assets no longer count toward the child and at 22, the person is likely assigned to a state agency. So you need to be aware of the benefits and resources." (More: Careful planning needed for families with special-needs children)​ The legal aspect of helping clients care for a child with special needs begins with a special-needs trust, Ms. Nadworny said. "In the old days, parents would leave everything to another child and expect that sibling to take care of the special-needschild," she said. But an "obligated gift" can cause problems ranging from tax issues to moral dilemmas. "Do the estate planning with a qualified special-needs attorney," she said. "And keep in mind that what's equal is not always what's fair, and what's fair is not always what's equal." In terms of establishing guardianship as parents get older, Ms. Nadworny noted that there are levels of guardianship that can severely limit the rights of the person with the disability. "I suggest always taking the least restrictive guardianship possible," she said. When it comes to government benefits, Ms. Nadworny said special-needs planning means becoming familiar with what is available at both the state and federal levels, and then encouraging clients to contact their elected officials and push for better programs and more funding. (More: A special need for financial advice)

Latest News

FINRA suspends Centaurus broker who piled clients into REITS, BDCs
FINRA suspends Centaurus broker who piled clients into REITS, BDCs

Most firms place a limit on advisors’ sales of alternative investments to clients in the neighborhood of 10% a customer’s net worth.

Advisor moves: LPL Financial, Osaic, Raymond James all welcome new teams
Advisor moves: LPL Financial, Osaic, Raymond James all welcome new teams

Those jumping ship include women advisors and breakaways.

Mariner announces an acquisition double, adding $1.7B to its AUA
Mariner announces an acquisition double, adding $1.7B to its AUA

Firms in New York and Arizona are the latest additions to the mega-RIA.

Michigan insurance agent to stand trial after charges of insurance fraud
Michigan insurance agent to stand trial after charges of insurance fraud

The agent, Todd Bernstein, 67, has been charged with four counts of insurance fraud linked to allegedly switching clients from one set of annuities to another.

NY Appeals court tosses $500M civil fraud penalty against Trump; upholds injunctive relief
NY Appeals court tosses $500M civil fraud penalty against Trump; upholds injunctive relief

“While harm certainly occurred, it was not the cataclysmic harm that can justify a nearly half billion-dollar award to the State,” Justice Peter Moulton wrote, while Trump will face limits in his ability to do business in New York.

SPONSORED How advisors can build for high-net-worth complexity

Orion's Tom Wilson on delivering coordinated, high-touch service in a world where returns alone no longer set you apart.

SPONSORED RILAs bring stability, growth during volatile markets

Barely a decade old, registered index-linked annuities have quickly surged in popularity, thanks to their unique blend of protection and growth potential—an appealing option for investors looking to chart a steadier course through today's choppy market waters, says Myles Lambert, Brighthouse Financial.