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Twelve Steps to Peace of Mind
1. Build a circle of concerned friends, family and staff to participate in the planning process. If possible, the person with a disability should be the center and the manager of the circle.
2. Prepare a CarePLAN that addresses the issues of housing, work, social, medical care, religion, and burial. It should be comprehensive but flexible.
3. Write a Letter of Intent. This is the parent's or loved one's opportunity to express hopes and desires for the future of their family member with a disability in their own words.
4. Decide on a guardian, conservator, or advocate and discuss your decision with that individual(s). (You should also designate a successor guardian/conservator/advocate at this time.) This person will carry out the wishes expressed in the Letter of Intent.
5. Determine the realistic costs of the plan, taking into account housing, medical, transportation and recreation costs, the cost of hiring a private advocate/guardian, etc.
6. Determine the financial resources that will be available, from government benefits to investments, insurance, and real estate that will insure adequate funds for the person's expected lifetime. Seek the assistance of a qualified accountant and/or financial planner, if necessary. Keep in mind that the State of New Jersey now requires “individuals with disabilities to contribute to the cost of their care in state-subsidized residential placements, such as group homes and supervised apartments."These contributions usually come from the individual's benefits and employment earnings.
7. Prepare carefully worded Last Wills and Testaments. Use a lawyer who is well versed in disability and Medicaid law.
8. If you did not create a Special Needs Trust in your Will, do so now. Again, use a layer who is well versed in disability and Medicaid law or contact PLAN/NJ about the PLAN/NJ Community Trust.
9. Choose a trustee(s) and successor trustee(s) to manage the Trust.
10. Place all estate planning documents, including the carePLAN, Letter of Intent, legal documents, birth certificates, medical records, deeds, stock certificates, insurance policies, etc. in one safe place. Distribute copies of appropriate documents to those who will be directly involved in implementing the plan.
11. Bring the circle together to review the total plan. Tell them where the estate planning documents are stored.
12. Review the plan annually.
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