AARP Hearing Center

The Problem
Leaving a legacy for a child with special needs isn’t easy. That’s why Leslie Jarowey, 66, a retired New York teacher, reached out to me. Her son, Max, diagnosed with autism 25 years ago at the age of 5, lives with her in a co-op apartment. He can’t hold down a full-time job; Leslie, newly worried about shrinking government assistance, wants to be sure that when she dies, she’ll leave enough money for Max to be well cared for in their home. “I need his plan to be bulletproof,” she says, “so that no one can misappropriate the money.”
The Advice
Preserving assets for people with disabilities is fraught. It requires trusts and accounts that support them but don’t disqualify them from receiving government benefits. For help, I turned to Mindy Neira, a New Jersey–based financial adviser, and Andrew Cohen, a New York estate planning lawyer, both of whom work with clients who have disabilities. Leslie had three specific questions for them.
Could she invest money left to Max by his grandmother? Special-needs trusts hold money that can be used for expenses not covered by government benefits, like education and travel. Max’s late grandmother set up such a trust with $26,000 and named Leslie the trustee, giving her control over how the money is used for Max’s benefit. As trustee, says Cohen, Leslie has not only the power but also the duty to invest the money, which has sat in the original checking account for years. But Leslie said financial advisers had told her the $26,000 didn’t meet their client minimums. Neira suggested she open a trust account at Fidelity, Schwab or Vanguard, all of which have no minimums for trust accounts (unless the firm is the trustee), and that she put the money in a balanced or “all-in-one” exchange-traded fund or index mutual fund for easy diversification.
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