When an individual has been declared incapacitated by the Court, and family members are unable to serve in this capacity, PLAN|NJ staff can serve as Legal Guardian. In this role, we prioritize supported, surrogate decision-making on their behalf and promote their choices, self-determination, dignity, and respect. We visit the individuals we support under Guardianship a minimum of once monthly to assess living arrangements, monitor employment if applicable, review their day centers, and ensure proper engagement with physicians, state and federal agencies, and other service providers. 

We advocate to resolve concerns and address needs and serve as their emergency contact. We seek to promote quality of life and advocate for the individual in all areas of life including health, housing, education, employment, recreation, and community living. We protect the individual and their personal property and protect them from fraud or undue influence.

If you or a family member are already receiving a PLAN|NJ service, you can also have us serve as the Representative Payee for Social Security benefits for you. When you or your loved one needs assistance with budgeting and bill paying, we can manage Social Security and other income to ensure financial solvency and provide protection from potential financial exploitation. 

As a representative payee, PLAN|NJ will:

• Communicate with you or your loved one, monitor expenses, and assist with paying bills 
• Ensure that basic requirements are met for food, clothing, and shelter
• Assist with budgeting and other regular financial management
• Assist with eligibility and benefits issues, ensuring personal needs and financial obligations are met
• Submit required reports to the Social Security Administration and other governmental agencies

 “What happens if I do not create a Special Needs Trust?”

If you do not create a Special Needs Trust, the portion of your Estate designated to benefit your child with special needs will be distributed directly to him and it will put the individual’s means-tested benefits in jeopardy due to over-resourcing.  As a result, any means-tested benefits could be terminated due to having more than $2,000 in assets per SSA and Medicaid guidelines.   Therefore, future decision-makers would be required to create a First Party Special Needs Trust, which is subject to a Medicaid lien with the individual’s assets to preserve their original benefits.

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“How do I choose a Trustee?”

It is important to choose a Trustee who knows the laws and will keep current with changing regulations governing Special Needs Trusts.  The Trustee will ensure the trust is appropriately administered in order to maintain public benefits.  It may be advisable to select a trustee who is not a family member to help avoid tension in family relationships.  As with Guardianship, plan for a line of successors in the Trustee role and consider an agency like PLAN|NJ if you have limited successors available.

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“Does the Trustee get paid?”

Trustees are entitled to compensation or no compensation pursuant to the terms of the trust agreement. In the absence of any express provision concerning compensation in the Trust Document, the trustee is entitled to commissions set forth in the New Jersey statutes.

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“Is there any way my family member can have oversight of the Trust but not serve as the Trustee?”

Yes.  You can designate a family member as a Trust Protector to ensure the Trustee is managing the Trust responsibly.  The Trust Protector would not be responsible for the day-to-day distributions, maintenance and investment of the trust but would have oversight and the ability to question the Trust management should an issue arise.

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“Can I pay for housing from a SNT?”

You can pay for housing from a Special Needs Trust, but it may affect an individual’s public benefits.  Since this is very case specific, a Trustee should always seek legal advice when considering this.

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“Can I put money from a SNT into an ABLE account?”

Yes. You can transfer money from a Special Needs Trust to an ABLE account.  The transfer must not exceed the maximum allowable per year ($15,000).  Transfers to an ABLE account are subject to Medicaid repayment upon the individual’s death. If the transfer is from a First Party Trust to an ABLE account and it is for $5,000 or higher, the trustee must notify the State Medicaid Legal and Regulatory Office pursuant to regulations.