Sushama Kirtikar

My office bulletin board sports an innocuous leaflet with a bold headline: �Symptoms of Mental Health.� Astoundingly, clients have walked up to me and asked me, �Am I really unhealthy if I do any of the things listed here?� Our pathogen-based thinking and fear- inducing society pushes us to believe the worst. It befuddles the mind. With a reassuring smile, I tell them, �Look again, you are fine.�

Invariably, they mistake the words �symptom� and �mental health� to define pathology. Symptom simply stands for an earmark that augurs a bigger state or condition. In this case, the condition is positive, very positive. The word �mental health� conjures up visions of state institutions straight from �One who flew over the Cuckoo�s Nest.� What a huge disservice we do ourselves when we dismiss mental health as exclusive to treating those who suffer from severe mental illnesses. It applies to each and every one of us. We all deserve to be healthy mentally.

I invite you to examine the symptoms listed below and see which one of these you are exhibiting currently and which ones are absent. As the number of symptoms you check off grows, then you know you have caught the �bug of thumbs� up robust mental health.

Here is the list with full credit and gratitude to the author who remains anonymous to date. I am taking the liberty to share his/her ideas with you.

* Frequent and at times even overwhelming, feelings of gratitude and appreciation.

* Suddenly finding yourself to be in a position to help others and an irresistible urge to do so.

* A marked loss of interest in griping and complaining and thinking about everything that is wrong in life.

* Loss of the compulsion to worry.

* Smiling for no particular reason other than a sense of inner well-being.

* A recurrent sense of hopefulness and faith about life and the future.

* An increased ability to understand others and communicate with them what really matters to you.

* Marked feeling of affection and generosity.

* A lack of interest in judging others.

* A decrease in illogical thinking, depression, anxiety and addictive behaviors.

* Development of the ability to savor and enjoy life as it is happening, moment to moment.

* Finding new �wisdom to know the difference� between what you can change and what you cannot.

There are several more you and I could add to the list up above. If you have any specific ideas, please share them with our readers. Here is wishing you a very Happy New Year in every sense of the word!

Sushama Kirtikar, a licensed mental health counselor in private practice, can be reached at (813) 264-7114 or e-mail at [email protected]

	Dr. Ram P. Ramcharran

HOW DO I KNOW IF A SPECIAL NEEDS TRUST IS RIGHT MY CHILD?
By Dr. RAM P. RAMCHARRAN

Special Needs Trusts (SNTs) can play a critical role in preserving the financial and personal well being of a person with disabilities. But how do you know if an SNT is right for your child? While you'll need to consult a qualified disability and elder law attorney to determine exactly how this type of trust would work in your situation, knowing some SNT "basics" is an important part of planning for your child's future.

WHAT IS AN SNT � AND HOW CAN IT HELP?

The SNT is a trust designed to hold supplemental funds for the benefit of an individual with disabilities who receives "means-tested" public benefits such as Supplemental Security Income (SSI). Regardless of your financial circumstances, your child may qualify for SSI as an adult if he or she meets the requirements of the Social Security Administration (SSA), including having no more than $2,000 in assets (with certain exceptions).

SSI opens the door to important benefits such as Medicaid, Section 8 housing, rehabilitative care and transportation assistance, but it provides only a small monthly income. Most parents want to supplement those funds to enhance their children's quality of life, but doing so directly will place public benefits in jeopardy. That's where SNTs come in.

Parents can fund SNTs and have the assets used to enrich their children's lives. Because assets held in a properly drafted SNT are owned by the trust, not the beneficiary � and distributions from the trust are paid out to third parties, not to the beneficiary � SSA does not count the assets in an SNT when determining eligibility for SSI.

HOW DO YOU CREATE AN SNT?

While many attorneys handle trusts and estate planning, it is important for families who decide to establish SNTs to retain the services of disability and elder law attorneys. These attorneys have expertise in the laws governing SNTs, which are state-specific and may be subject to frequent change, and can help families coordinate the creation of trusts and wills to meet both special-needs and other estate-planning goals.

HOW CAN YOU FUND AN SNT?

SNTs can be funded with many types of assets via gifts or bequests. Some parents prefer to establish an SNT during their lifetime so they � and others � can contribute when and how they wish. In some cases, parents delay the funding of the trust until after their death, naming the SNT as a beneficiary of retirement plans, investment accounts or other assets. Still others purchase life insurance policies, such as "second-to-die" policies, payable to the SNT. I suggest you discuss the options with your financial professional.

WHO WILL MANAGE YOUR SNT?

Like other types of trusts, SNTs must be overseen by trustees. These individuals (or entities) are responsible for such functions as record keeping, tax filing and the investment and distribution of trust assets. SNT trustees also have numerous responsibilities related to the beneficiary's day-to-day well being.

One alternative is naming a disability and elder law attorney as trustee � or as co-trustee or successor trustee. Parents who retain professional trustees can remain involved in trust oversight by becoming trust protectors. This role allows them to monitor the trustee's actions and ensure they are consistent with the intent of the trust, while not assuming the fiduciary responsibility of the trustee.

HOW WILL THE SNT FUNDS BE USED?

While the purpose of establishing an SNT is to enhance the lifestyle of an individual with disabilities, how disbursements from the trust are made is carefully regulated by the SSA and the IRS. Improper disbursements can result in a loss of or reduction in monthly benefits for the person with disabilities. To avoid this consequence, trustees must disburse payments only to third parties � providers of goods and services � and exclusively for expenses not covered by SSI.

These are just some of the basics you need to consider before setting a SNT. I strongly suggest you find a qualified professional who is experienced in this arena. Many financial and legal professional think they can deploy the necessary tools to protect your children�s benefits but it�s a highly special area where it�s easy to make mistake. Be prudent in your choice of professional.

Dr. Ram P. Ramcharran can be reached at [email protected]