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Articles

Medi-Cal Planning for Adult Children with Special Needs

By Woodsmall Law Group, PC. on November 25, 2023

Many children and adults with special needs qualify for Medi-Cal, which is the California Medicaid health program supported by federal and state taxes. Receiving Medi-Cal benefits can be vitally important to your child’s health and your family’s financial well-being.

Many expenses arise when raising a child with special needs, and private insurance can be prohibitively expensive, with high copays and deductibles and no provisions for long-term care. Fortunately, your child with special needs may be eligible to receive Medi-Cal, SSI, and other benefits. Your special education lawyer can advise you on Medi-Cal eligibility and provide estate planning to help ensure your child will be eligible to receive Medi-Cal service throughout their lifetime.

How Medi-Cal Planning Helps Parents of Children with Special Needs

Medi-Cal planning consists of legal help with preparing and submitting Medi-Cal applications and assistance on how to structure your assets to ensure your child’s current and future eligibility for the program. Many types of cognitive and mobility issues may allow your child to qualify for Medi-Cal. An attorney who has a deep understanding of families with children with special needs will assist you with the following aspects of Medi-Cal planning:

  • Gathering documents
  • Filing applications
  • Structuring assets
  • Determining legal eligibility
  • Trust and estate planning

Does Your Child with Special Needs Qualify for Medi-Cal?

Everyone in California who receives SSI benefits qualifies for Medi-Cal. For your child to qualify for SSI, they must have a physical or mental condition that seriously limits their activities, and the condition(s) must have lasted or be expected to last at least one year or result in death.

In addition to receiving SSI, there are other ways to qualify for Medi-Cal, including:

  • Living in a nursing home
  • Over 65
  • Blind
  • Disabled
  • Receiving Statutory Sick Pay (SSP)
  • Receiving CalWORKS Aid for Families with Dependent Children (AFDC)
  • California foster care and adoption assistance programs
  • Refugee assistance

Trust Planning for Adult Children with Special Needs

Trust planning for a child with IDD or children with other disabilities is the best way to safeguard your child’s future. Careful estate planning lets you know that your child will continue to be in good hands.

In addition to protecting your child’s future Medi-Cal eligibility, a well-designed trust also helps ensure that your child will have enough funds to cover housing needs, recreation, clothing, incidentals, medical bills, long-term care, and other expenses in the future.

The benefits of creating a trust designed to maintain Medi-Cal eligibility for your child with special needs include:

  • More control over your child’s future care
  • Protecting your assets
  • Improving your peace of mind
  • Protecting your child’s freedom
  • Improving overall health outcomes
  • Access to superior medical and dental care

Are You and Your Child with Special Needs Getting the Help You Need?

Woodsmall Law Group, PC. is committed to serving children and adults with special needs and their parents in Los Angeles County, focusing on the San Gabriel Valley. We have been helping families make the most out of their educational opportunities for over 18 years.

Our attorneys also provide assistance with conservatorship, estate planning, and trust administration for families of children with special needs.

If you have any questions or concerns about your child’s placement or the services they are receiving, please call us at (626) 440-0028 to schedule a free initial consultation. We speak English and Spanish.

Related Articles:

  • Maximizing Recovery for Medically Fragile and Special Needs Individuals Following the Recent LA Wildfires: Loss of Use, Pain and Suffering, and Structural Fire Loss
  • Informational Article: Private School Affidavit Placements in the Wake of Southern California Fires
  • Conservatorship and Trust Planning for Your Child with IDD
  • Is Your Child with Special Needs Struggling with Online Learning?

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