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Leaving a Residence to a Person with a Disability

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Special Needs Alliance
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Leaving a Residence to a Person with a Disability

Finding an affordable place to live can feel nearly impossible due to the US housing shortage of millions of homes. Several factors make the challenge worse for people with disabilities. First, affordable housing is a challenge because a person with a disability who relies on means-tested benefits may have limited income and resources. Second, accessibility may be a challenge because affordable housing stock is generally older and may need costly renovations to be suitable for a person with a disability. Third, a person with a disability may have unique needs or behaviors that are difficult to accommodate in communal housing situations. As a result, parents often ask whether they should consider leaving the family home to a child with a disability. Sometimes, the child has lived with the parents, and the parents are considering whether the child should continue to live in the family home after the death of the parents. Other times, the child does not live in the family home, but the parents believe that the family home could provide a higher quality or more stable living situation.


This is a complicated question, and each situation is unique. Homeownership can be empowering and meaningful, but it is not practical in every case. A few of the important considerations are described below.


Housing is always a challenge in future planning for persons with disabilities and other complex needs. Arranging for a stable living situation is a high priority, and families and counselors must be increasingly creative as they struggle with the housing shortage. Families should realistically review practical and financial considerations and, when possible, involve the person with a disability in the decision-making process. A qualified attorney can help ensure that each family’s unique needs and objectives are met.


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