What does PLAN do for the Family?
In the present, PLAN helps the family develop a comprehensive assessment of their loved one’s future needs with an analysis of the resources required to fulfill them. PLAN then executes and provides all the documents necessary for the family to join PLAN’s “Special Needs Trust”. A carefully selected financial institution becomes the trustee via a Master Trust with PLAN and PLAN becomes the “proxy parent” by contract. Once the Trust is funded, the financial institution will provide all fiduciary accounting and investment management responsibilities. PLAN becomes the ombudsman and friend of the beneficiary, arranging and supervising the care and support as outlined in the family’s needs assessment—while protecting and maximizing their government benefits. PLAN also provides information for your attorney to complete this part of your estate planning.

What is a Special Needs Trust?
A “Special Needs Trust” offers a legal estate planning means to protect your relative's eligibility for government benefits, while providing a method by which he or she can receive the care and financial supplements a family wants to provide. Instead of leaving an inheritance directly to your loved one, you place it into a “Special Needs Trust” of which she or he is the beneficiary. Many well-intentioned family members don't realize that when a person on disability receives an inheritance of more than $2,000, they are disqualified from receiving various federal entitlements such as SSI. With that loss, they may also lose Medi-Cal eligibility. The person must spend the inheritance before becoming re-eligible to apply for SSI and other federal benefits. With the high cost of medical care and housing, few families have great enough wealth to make these basic government entitlements unnecessary for their loved one’s security. Public benefits are almost always vital for a disabled person’s basic needs of food, shelter and clothing and as a safety net for psychiatric and other medical care.

Why is PLAN necessary?
No institutional trustee can understand the very special needs of a person with mental illness. Because of our experience as family members, PLAN does. Our goal will always be to maximize your relative’s health and quality of life--just as we would desire for our own loved ones. PLAN acts as the “proxy parent” to the beneficiary, becoming a friend and advocate acting in his or her best interest. We select, direct and oversee the Personal Support Specialist (PSS) who will work directly with your relative. PLAN is guided in its decision-making by the written guidelines you provide in a “needs assessment” we do with you when you set up the Special Needs Trust. But, PLAN is also authorized to change direction in the event the person’s circumstances change either through crisis or improvement. PLAN, and its trust, is meant to last a lifetime.

Why shouldn’t I just use a sibling or friend as the decision maker and trustee?
A trusted friend or a sibling can act as the decision maker or trustee. But, lives change. Sometimes hard decisions must be made regarding the beneficiary and many siblings would prefer to remain their brother’s or sister’s friend rather than handling the responsibilities inherent in managing a special needs trust. However, under a PLAN Special Needs Trust, a sibling or friend can be appointed as either a co-trustee or advisor who will be consulted on major shifts in the care and treatment plan.

What things can a Special Needs Trust Provide without jeopardizing public benefits?
A Special Needs Trust can provide the same supplemental services that you as a family are most likely providing in the here-and-now. They may include expanded housing opportunities, transportation to dental, medical and psychiatric appointments, shopping trips and assistance, recreational activities, educational finance, crisis intervention, additional care giving/case management and-- frequently most importantly-- on-going social contact and friendship. Strict rules apply as to how supplemental services, financial help and gifts can be provided to an individual without endangering his or her government benefits. Strategic decisions must occur to protect the beneficiary’s eligibility for SSI. PLAN is expert in understanding and working with these rules in order to maximize the benefits provided to the person

Does a Third Party (Testamentary) Special Needs Trust “pay back” the government after the beneficiary dies?
Trusts established by parents, relatives or friends are NOT required to have a pay-back provision. The Grantor of this type of Special Needs Trust can specify who will receive any remaining assets in the trust in the event the beneficiary passes prior to the full Trust being utilized.

Okay, I want PLAN, but I’m not wealthy. How can I fund a Special Needs Trust?
Actually, a Special Needs Trust is not for the wealthy who need not be concerned with protecting government assets. A Special Needs Trust does not have to be funded immediately. Once the family has enrolled in PLAN, the Special Needs Trust can be made available for any member of your extended family to enjoin should they wish to leave money or marketable assets to your child upon their death. Many families fund the Special Needs Trust with what they consider their loved one’s “share” in the family home. Others purchase an insurance policy or direct their retirement residuals to fund the Special Needs Trust after their death.

Can PLAN provide its services in the here and now?
In some areas of California, PLAN has Personal Support Specialists who are able to serve PLAN families in the "here and now". Once you have become an enrolled member of PLAN, PLAN will gladly refer you to those contracted PLAN Personal Support Specialists. As a “Pay-As-You-Go” client, you sign an agreement directly with the support specialist based on the number of contact hours you wish to be spent with or on behalf of your loved one. The Family directs the contractor. We provide counseling and advice on how to successfully set up a “Pay-As-You-Go” PLAN. And, PLAN is always available for “Pay-As-You-Go” families if they hit a snag.

How do I join the PLAN of California Special Needs Trust?
You can enroll in PLAN at any time with a tax deductible contribution of as little as $1000, which can be made in payments. Then, whenever you are ready, you are entitled to all our member services including utilizing our Pay-As-You-Go program, having us complete the Needs Assessment with you, and enjoining our Master Trust. We will complete all the documents you need to take to your attorney to enjoin your will or living trust to our Master Trust.

What is the future of PLAN?
PLAN is expanding its services to assist families who can’t afford to contract with a “Pay-As-You-Go” Personal Support Specialist, but who need help in the here-and-now. The project called “Bridging the Gaps” operates a free “help line” to counsel families on how to maximize access to the public mental health system or crisis intervention. Through it, we are also preparing fact sheets on issues such as understanding the involuntary treatment process and the criminal justice system, effectuating jail diversion, how to obtain housing and applying for government benefits. We will refer these families to membership in their local NAMI affiliates for continuing support and additional education. PLAN is also building an endowment that will continue services for those beneficiaries whose Special Needs Trust may have run out of funds. When the Endowment is fully funded, we plan to expand our services to families who have nothing to leave except their love.