Reaching the age of majority is an important step for any young adult, but for a young adult with special needs, parents need to address a variety of planning issues on their child`s behalf, including: (1) whether to apply for guardianship (also called a conservatory in some states) and (2) how to access essential government services — often for the first time. As a planning professional, it`s important that you understand the impact of age of majority on the planning issues your clients face on behalf of a loved one with special needs. While the age of majority varies from state to state — from 18 to 21 and, in some cases, when the young adult finishes high school — the most common age is 18. If the beneficiary is a minor child, SSA generally designates the custodial biological or adoptive parent as the representative beneficiary. It is important to note that only one person can be designated as a representative beneficiary, even if both parents live and are willing to serve as representative beneficiary. If no natural or legal guardian or adoptive parent has custody of a minor beneficiary, SSA will consider the following persons in the order indicated: Research suggests that 0.3% of all adults have been appointed legal guardians. Although guardianship conditions may vary from state to state, a lack of decision-making capacity is a prerequisite. Accordingly, one would expect social security beneficiaries who have a guardian to also have their guardian acting as a representative beneficiary. However, little is known about the relationship between guardianship and the Representative Recipients Program. In response to a request from the Social Security Administration, this report uses the Survey of Income and Program Participation (SIPP), which is linked to the Social Security beneficiary`s master file and the supplementary security file, to examine three questions: 1) How many beneficiaries with representative beneficiaries have guardians? 2) How many beneficiaries have their guardian as beneficiaries? and 3) what are the characteristics of those who have both a beneficiary and a guardian? Since the SIPP does not include people living in nursing homes, the project also looks at data from the Health and Retirement Study, which includes these individuals.
In addition, SSA social workers are encouraged to assess the recipient if an in-person meeting is taking place at the time of application. In some cases, an individual will apply for disability benefits, and the case officer will recommend that a representative beneficiary be appointed, as the case officer observed the restrictions at the initial meeting. Social workers, other professionals, and family members in contact with the applicant may also provide evidence to the case worker that supports the SSA`s decision to appoint a representative beneficiary. The SSA rules state that a person declared incapable by a court (presumably in guardianship proceedings) must have a representative beneficiary. The transition from childhood to adulthood upon reaching the age of majority requires planning, but with due regard to both guardianship issues and entitlement to key state benefits, young adults with disabilities will be ready to embark on this new phase of life. My husband and I have legal guardianship of our granddaughter and he receives Social Security, she can get a check The Social Security Administration (SSA) disability program is the main state benefit that provides income to people with disabilities. If disabled persons are unable to work and have contributed to the social security system, they may benefit from Social Security Disability Insurance (SSDI). Supplementary Security Income (SSI), on the other hand, is the social security benefit for people with disabilities who have not contributed to the social security system or who have paid too little to the social security system for too short a period of time. To be eligible for the ISS, individuals must have assets worth less than $2,000, excluding a home and a car.
Giving your child a Social Security number should put you at the top of the list of things you need to do as a new parent or guardian. Your child`s Social Security number is the first step to ensuring valuable protection for all benefits to which they are entitled in the future. Your grandchild may be entitled to benefits in these circumstances, even if he or she is a step-grandchild. However, if you and your spouse are already receiving benefits, you must adopt the child to qualify for benefits. Whether or not a Social Security beneficiary needs a representative beneficiary is a decision of the SSA based on the beneficiary`s capabilities. SSA assumes that any adult beneficiary can pass their Social Security audit, unless proven otherwise. SSA relies primarily on medical evidence to make this decision. Expert advice from the beneficiary`s GP is usually sufficient to support a decision to designate a representative beneficiary. The physician must have examined the beneficiary within the previous year. If a young adult with a disability has significant financial resources at the age of majority (or 18) that prevent them from receiving SSI or Medicaid benefits, the family must develop a plan to spend or transfer the excess resources. If the person has accumulated a modest amount of money by the time they reach the age of majority, it is often possible (and inexpensive) to spend the excess resources before applying for benefits.
