2013 Western Region Conference

Through a 1 ½ hour PowerPoint presentation and printed materials, Christy Lewis, Director of the Arc of Washington, in collaboration with Life Enrichment Trust’s Administrator, Timothy Pawol, Esq. will present important information regarding one of the most under publicized financial advantages that exist for individuals living with disabilities:  Supplemental Needs Trusts.  Additional materials will be available that will enable attendees to establish appropriate types of trusts to meet the specific needs of individuals with disabilities, especially children and their families.   

Christy Lewis will address the benefits received from creating and/or preserving eligibility for an individual with disabilities, including:

• Access to medical coverage and care, including prescription programs
• Access to services that support the individual or their family such as Supports Coordination services, residential group care, home and community services, day programs, employment training, and BHRS services, all offered through various waiver programs.

Because asset limits are imposed on individuals with disabilities to allow them to qualify for government benefit programs which pay for their basic needs, care must be taken so that once created, eligibility to receive these valuable benefits is never lost.  Christy will share specific examples of individuals who became ineligible due to the accrual of excess assets and were then not able to receive needed services.  Loss of benefits places additional stress on families and caregivers:

• Loss of essential medical care and prescription coverage leads to a lack of preventive care and increased rates of illness
• Loss of access to additional services and supports, like employment training and residential care, can result in underemployment or unemployment.  In extreme cases, an individual may even become homeless.

As a means of protecting assets while creating or preserving eligibility for individuals with disabilities, Life Enrichment Trust (LET) offers legal options for using funds from estate planning, legal settlements, and other forms of income to allow an individual to have funds available that would have been spent down or surrendered to reach the extremely low, government-imposed limitations.  Tim Pawol will discuss how establishing one of the three types of supplemental needs trusts allows an individual to access their own funds to purchase goods and services that would otherwise have been out-of-pocket expenses paid by relatives or friends.  LET works with individuals, families, caregivers, and providers to determine which trust, or combination of trusts, will best suit an individual’s needs.

Of special note, and current interest, Tim’s section of the presentation will include:

• Information regarding Lewis v Alexander, a Pennsylvania court case about supplemental needs trusts
• The ability of parents and grandparents to make contributions to supplemental needs trusts under certain circumstances without incurring a look-back period
• The purchase of large ticket items like homes and cars through supplemental needs trusts

Presenting as “Champions Lighting the Way”, Christy and Tim will share both experience and expertise with “Champions Who Impact Community/Legal Decision Making”.  The ultimate goal of both presenters and attendees is the increased ability to enrich the lives of individuals with disabilities.