Ask a Lawyer Series: My adult child doesn’t need benefits; I pay for everything myself.
By Eva M. Luchini, JD, Law office of Eva M. Luchini, PLLC
When I help parents with special needs estate planning, I tell them that when their child with I/DD turns 18 it is important to get them on Supplemental Security Benefits (SSI). For 2025 that SSI cash benefit is $967. Even if you can pay for everything she needs and she is still on your private health insurance, get her on SSI and full Medicaid now. Just do it. You may not realize what you are passing up otherwise.
Marge celebrated her 70th birthday last year and, while she is still working, she had to start drawing on Social Security Retirement. She never got her adult daughter, Cindy, with I/DD, on government benefits. Marge has always just paid for everything and kept Cindy happy and healthy at home.
Marge can afford to pay for her disabled daughter’s needs today but will Marge live and work forever? Someday, Marge won’t be here, and whoever is left to look out for Cindy will be stuck with the task of getting Cindy on benefits. And those benefits are likely to be Social Security Dependent Adult Child, cash benefits off of Marge’s work record plus Medicare health insurance (after two years).
But, if Cindy had been on SSI and Medicaid before Marge started drawing on her own Social Security Retirement, then Cindy would have been bumped up to the SSDAC program, provided Medicare (after two years) and kept her Medicaid! In other words, she’d be getting both Medicare and Medicaid. Medicaid pays for so many additional benefits that Marge didn’t know about, benefits that probably would have been helpful to Cindy now that Marge is gone.
If you choose to forgo SSI and Medicaid for your adult disabled child, you may be forgoing more than you think.
What I Do:
Special Needs Planning
My passion is helping individuals and their families in the disability community put together the right legal documents to protect access to benefits. I am part of this community and I want to see every child and adult who experiences life with a disability thrive.
Alternatives to Guardianship
For parents who are considering guardianship over their adult child with a disability, I am happy to share the alternative of supported decision making and draw up the right legal documents. You've worked so hard to build independence; let's continue on that path.
Estate Planning
I walk you through putting together your Will or Trust, Power of Attorney, and Healthcare Directive so that you understand what these legal documents do for you and your family.
Eva M Luchini, JD
Estate Planning
Special Needs Trusts
Alternatives to Guardianship
Law Office of Eva M. Luchini, PLLC
www.luchinilaw.com
360.817.0007
723 NE 4th Ave.
Camas, WA 98607