OLA Providing for the Future

2 This material was not intended or written to be used, and cannot be used, to avoid penalties imposed under the Internal Revenue Code. This material was written to support the promotion or marketing of the products, services, and/or concepts addressed in this material. Clients and other interested parties to whom this material is promoted, marketed, or recommended should consult with and rely solely on their own independent advisors regarding their particular situation and the concepts presented here.

Why Families Should Plan for a Loved One with a Disability Persons with disabilities are living longer and public benefits are often necessary to pay for future personal and medical care Health care costs are increasing each year and private paying for such care can zero out even a sizable inheritance in a short period of time Public benefits provide ONLY a subsistence level of care. To provide for extras such as transportation, accessibility modifications, or furniture for a person with a disability requires special planning Parents should plan to appoint an Advocate after they are no longer there for their child with a disability 3

Planning for a Child with a Disability Preserving your childs financial security and quality of life Addressing key issues: Understanding the role of public benefits Making decisions about the future Using a special needs trust to protect assets 4

Public Benefits at a Glance 5 Supplemental Security Income (SSI) and Medicaid are the two most common public benefit programs for persons with disabilities SSI and Medicaid are means tested public benefits: Assets over $2,000 in the person with a disabilitys name disqualify him or her from SSI and Medicaid Income over a modest amount (generally $940/month) will disqualify a person from SSI and Medicaid Laws and services vary from state to state Social Security Disability Insurance (SSDI) and Medicare are not affected by a persons assets

What SSI Provides 6 SSI provides a modest monthly cash grant for food and shelter to disabled, blind, or aged (65 or older) persons In 2008, the SSI federal government maximum payment is $637 a month for an individual Some States supplement this amount. For example, California provides a supplement of $233 a month to the payment Eligibility for even $1 of SSI (in most States) means automatic eligibility for Medicaid

What Medicaid Provides* Comprehensive health insurance Attendant services Dental coverage Day rehabilitation programs Group homes *Programs are state-specific; please contact your state Medicaid provider for more details. 7

Lifetime Care Planning for a Child with a Disability The best planning will assemble a team consisting of a special needs planning attorney, financial advisor, insurance professional, and professional care giver to develop a plan for lifetime care Understand costs associated with specific disability Understand availability of public benefits Develop plan for funding the lifetime care 8

What Parents Should Do 9 Create Letter of Intent Calculate future financial need Establish Special Needs Trust (SNT) through will or living trust Fund SNT with life insurance Name SNT as beneficiary of accounts, plans, etc. Reduce taxable estate

Estimate Income and Expenses Monthly income SSI, SSDI, Social Security, earned/unearned income Monthly living expenses Housing, food, transportation, medical, recreation, etc. Consider how any shortfall will be met Income – Expenses = Shortfall 10

Establish a SNT 11 Third-Party SNTs allows a person with a disability to have assets available for their future care without interfering with public benefits eligibility May be established by parents: Through will Through living trust

How to Establish an SNT Important to work with experienced special needs planning attorney to establish an SNT Complex laws govern trusts Laws vary from state to state 12

Types of Third-Party SNTs 13 There are two primary types of SNTs – Individual and Pooled Individual SNTs are held by a corporate trustee or private trustee Pooled SNTs are held by a Nonprofit Organization

Funding an SNT Cash Stock Personal property Real estate Life insurance 14

Life Insurance 15 Ideal way to provide for special needs child or dependent adult because death benefit is: Federal income tax–free Immediately available Usually received outside of the probate process

Avoiding Common Mistakes 16 Common mistakes families make when planning for a person with a disability Failing to plan at all Creating a trust for person with a disability that fails to qualify as a special needs trust Placing money in Uniform Transfer to Minors Account (UTMA) Assuming other family members will take care of person with disability Picking a poor trustee

Example: The Smith Family Jim and Jane Smith are both year-old son, Mike, has Down syndrome Jim and Jane want to ensure that Mike continues to receive government services while his supplemental needs are also covered 17

Example: The Smiths Plan The Smiths consult their financial advisor, insurance professional, and attorney experienced in special needs planning Jim and Jane create an SNT 18 For producer use only. Not for presentation to the public.

Example: The Smiths Planning Considerations The Smiths financial advisor and insurance professional Examine the Smiths goals and objectives Perform detailed financial analysis based on future cost of supplementary items Explore available resources to fund trust now and in future 19

Example: The Smiths SNT One option: fund trust with life insurance Only life insurance provides instant liquidity in event of caregivers death Death benefit is immediately available; avoids probate 20

Remembering Other Family Members Dont forget other family members who may share in care of disabled person Siblings should be considered in parents overall estate planning Relative acting as trustee should be compensated by trust for duties performed 21

Achieving Important Goals An SNT can help you achieve vital estate planning and financial goals for your disabled loved one Proper planning allows disabled person to maintain and enjoy a comfortable lifestyle while preserving governmental program eligibility 22

Life insurance products issued by Transamerica Life Insurance Company, Cedar Rapids, IA 52499, or Transamerica Financial Life Insurance Company, Purchase, NY All products may not be available in all jurisdictions. Transamerica Financial Life Insurance Company is authorized to conduct business in New York. Transamerica Life Insurance Company is licensed to conduct business in all other states. Transamerica Life Insurance Company, Transamerica Financial Life Insurance Company (collectively Transamerica) and their representatives do not give tax or legal advice. This material is provided for informational purposes only and should not be construed as tax or legal advice. Clients and other interested parties must consult with and rely solely upon their own independent advisors regarding their particular situation and the concepts presented here. Discussions of the various planning strategies and issues are based on our understanding of the applicable federal laws in effect at the time of publication. However, these laws are subject to interpretation and change, and there is no guarantee that the relevant authorities will accept Transamericas interpretations. Additionally, this material does not consider the impact of applicable state laws upon clients and prospects. Although care is taken in preparing this material and presenting it accurately, Transamerica disclaims any express or implied warranty as to the accuracy of any material contained herein and any liability with respect to it. This information is current as of December

OLA Providing for the Future