Planning for Families Having a Special Needs Child (Second Edition) (00124640, 2012)

This course provides a general overview of issues estate planners face in preparing estate plans for families with special needs children. The course assumes that estate planners are knowledgeable about general estate planning matters but are not specialists or experts in special needs planning. Specifically, the course covers the following topics: Learning To Navigate Planning in a Special Needs Environment; Overview of Important Government Benefit Programs Available to Families of Special Needs Children; Unique Estate Planning Challenges for Families of Special Needs Children; Basic Estate Planning Issues for a Special Needs Child's Family; Tax Planning for a Special Needs Child's Family; Coordinating Other Relatives' Estate Planning Documents With The Parents' Third Party SNT; Undertaking a Thorough Review of All the Parent’s Assets; Financial Planning Issues for Families of Special Needs Children; Managing Assets Already Owned by a Special Needs Child; and other related topics.  
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Question 1
Correct
The 2000 U.S. census study of American families estimated that _____ of families are raising at least one child ages 5 to 17 having special needs.

2.4 million

(You Answered) (Correct Answer) 2.8 million

3.9 million

4.1 million
Question 2
Correct
Benefit programs for special needs children that determine eligibility based on the income and assets of recipients are known as:

Entitlement-based government benefit programs

Social Security Disability Income (SSDI) programs

Stipend provision programs

(You Answered) (Correct Answer) Means-tested benefit programs
Question 3
Correct
The Supplemental Security Income program administered by the SSA is funded by:

(You Answered) (Correct Answer) General tax revenues

Employers’ portion of employment taxes

Social Security taxes

Self-employment tax
Question 4
Correct
All of the following are unique challenges of parents’ estate planning for a special needs child except:

Providing for all loved ones without jeopardizing the means-tested government benefits of the special needs child

Supplementing the child’s means-tested government benefits without jeopardizing eligibility of the child

Ensuring funds are sufficient at the time of the parents’ death for long-term care of the child

(You Answered) (Correct Answer) Determining an appropriate amount of life insurance to provide income replacement should the child die prematurely.
Question 5
Correct
What is a reason families of special needs children should create an estate plan rather than allowing the government’s plan to apply to the children?

The government’s approach minimizes death taxes

(You Answered) (Correct Answer) The government’s plan involves probate and possible reimbursement to the government of Medicaid benefits

The government’s plan requires the next of kin to select the guardian for the special needs child

None of the above
Question 6
Correct
What is the purpose of a revocable living trust for the parent of a special needs child?

To manage the child’s inheritance subsequent to the parent’s death

To replace the parent’s last will and testament to avoid having the estate subject to probate

To name or replace the person designated as the durable medical power of attorney

(You Answered) (Correct Answer) To allow discretionary nonsupport distributions to or for the special needs child should the parent become incapacitated
Question 7
Correct
Which of the following is a viable estate planning option to help ensure that a special needs child continues to receive means-tested government benefits:

(You Answered) (Correct Answer) Establishing a third-party SNT

Creating a third-party discretionary support trust

Distributing parents’ assets to the special needs child outright, thereby removing the assets from the parents’ estate

Making “annual exclusion” gifts to a custodial account established under the Uniform Gifts to Minors Act
Question 8
Correct
To avoid the risk of disqualifying the special needs child for means-tested government benefits, it is recommended that relatives not give outright gifts to the child but instead:

Develop an “understanding” with the child’s siblings or spouse regarding the eventual distribution of assets gifted in the name of the siblings or spouse

(You Answered) (Correct Answer) Arrange for gifts, bequests, and inheritances to be received by the child’s third-party SNT

Purposely disinherit the special needs child from the relatives’ wills

Use vehicles such as Coverdell education savings accounts and 401(k) plans for the benefit of the special needs child
Question 9
Correct
Which of the following assets may name the special needs child as beneficiary without jeopardizing his or her eligibility for means-tested government benefits?

U.S. savings bonds

Annuities

Family heirlooms

(You Answered) (Correct Answer) None of the above
Question 10
Incorrect
Which of the following is not a type of trust to which the special needs child’s current disqualifying assets may be transferred to convert them to noncountable funds?

OBRA 1993 special needs trusts

(Correct Answer) Third-party discretionary support trust

(You Answered) (d)(4)(A) Medicaid payback trust

Charitable lead annuity trust
Question 11
Correct
For which of the following situations is the (d)(4)(C) pooled account trust not well suited?

The parents or child wants to benefit the mission of the nonprofit association when the special needs child dies

The nonexempt assets that the special needs child owns are insufficient to justify the costs associated with establishing and administering a Medicaid payback trust

(You Answered) (Correct Answer) The subtrust account is established for both the special needs child and his or her siblings

All of the above are situations for which the pooled account trust is best suited
Question 12
Correct
Under the HIPAA Privacy Rule, a medical provider may release confidential medical information about the special needs individual’s condition only if the recipient of the information has been named the special needs child’s:

(You Answered) (Correct Answer) Personal representative

Healthcare agent

Next of kin

Healthcare trustee
Question 13
Correct
Which of the following programs pays a limited monthly stipend to indigent aged, blind, and disabled individuals?

Medicaid

SSDI

Medicare

(You Answered) (Correct Answer) Supplemental Security Income (SSI)
Question 14
Correct
Under federal law, states can offer Medicaid benefits to children with disabilities who would otherwise be ineligible for SSI benefits because parental income is too high. This is called:

Pooled income benefit program

High income entitlement program

(You Answered) (Correct Answer) Deeming or “Katie Beckett” waiver program

Representative payee program
Question 15
Correct
To avoid a potential challenge by the Social Security Administration, a first-party SNT should:

(You Answered) (Correct Answer) Contain an express irrevocability clause

Give the special needs beneficiary power to revoke the trust

Have a discretionary “payback” provision


Avoid naming a specific individual as the remainder beneficiary