Protecting Your Loved One's Future with Care
We understand the unique challenges and considerations involved in planning for the future of a loved one with special needs. Our goal is to provide you with the legal tools and guidance necessary to ensure their financial security and quality of life.
Special Needs Planning Services
Special Needs Trusts
A Special Needs Trust is a crucial instrument designed to manage assets for the benefit of a person with disabilities without jeopardizing their eligibility for government benefits. We help you establish and fund these trusts to provide long-term financial support.
Guardianship and Conservatorship
If your loved one is unable to make decisions independently, we can assist in establishing legal guardianship or conservatorship to ensure their personal and financial interests are protected.
Estate Planning Integration
Your overall estate plan needs to be aligned with your special needs planning, and this includes wills, powers of attorney, and healthcare directives, to provide a comprehensive protection strategy.
Public Benefits Counseling
We assist in advising how to navigate and maximize available public benefits such as Supplemental Security Income (SSI) and Medicaid, ensuring your loved one receives the support they need.
Frequently Asked Questions
Q: What is a Special Needs Trust and why is it important?
A: A Special Needs Trust is a legal tool that allows you to set aside funds for a loved one with disabilities without affecting their eligibility for government benefits. It ensures they have financial support for additional needs and a better quality of life.
Q: Can I use my existing estate plan for special needs planning?
A: While some elements of your existing estate plan may be applicable, special needs planning requires specific provisions to protect eligibility for government benefits. It's crucial to integrate a Special Needs Trust and other tailored strategies.
Q: How do I choose a trustee for a Special Needs Trust?
A: Selecting a trustee is a very critical decision. The trustee should be someone who understands the beneficiary's needs, is trustworthy, and has the financial know how to manage the trust. Professional trustees are also an option for added expertise.
Q: What happens to the Special Needs Trust if the beneficiary passes away?
A: Upon the beneficiary's death, the trust typically specifies how remaining assets are to be distributed. This can include reimbursing Medicaid for benefits received or distributing assets to other family members as outlined in the trust document.