I have an adult son with special needs. I am his guardian, and we have a special needs trust set up for him.
Getting all of that in place took (what is for me) a lot of money and time.
I live in Illinois.
I am under the impression that those things are based on state law, and so if we were to move to another state, as a general rule would we be looking at spending a comparable amount of time and money getting named as guardian and setting up a new special needs trust in the new state, or would it somehow be simplified because those things are already in place (in Illinois)?
We are facing a similar situation. I believe the guardianship decree does not need to be repeated. The special needs trust will depend on whether your son will be moving as well (our daughter will be remaining in the current state). Our attorney advised us to consult with a local attorney after we move.
A far, far more substantial issue has to due with the lack of portability of Medicaid benefits. Our daughter is in a group home and has a day program, all provided through a Medicaid waiver program in Pennsylvania. As a general rule, if we move her to another state she would lose all these services we worked for years to get set up, and go back to the bottom of the waiting list in a new state. Some states participate in some sort of Medicaid Compact which is supposed to allow some portability, but the way the system is set up right now (Medicaid is federally funded but administered by the individual states) is absolutely terrible for families who may need to move to keep their job.
Thanks for your reply.
Yeah, our son would be going with us, and since we live in Illinois, the question of Medicaid portability is moot because he will most likely not be getting any benefits anytime soon.