Special Needs Planning
Taking care of a loved one with special needs can be highly rewarding, but it can also be overwhelming from time to time. Your relative deserves the planning required to ensure they will always have care, but there are legal issues and obstacles that need to be managed along the way with the assistance of a special needs attorney.
At Ergood Law, LLC, we know one of our strengths is compassion and careful attention to the legal needs of vulnerable people and those that take care of them. Whether it be a child with special needs or caring for an adult with a disability, we can establish the protection that person needs through special needs planning.
Call (856) 266-9525 today to schedule your informative consultation.
Special Needs Planning refers to the process of planning and executing the proper legal steps to ensure that a loved one with a disability receives the care they deserve and require. A special needs plan includes components for medical care, financial planning, and insurance needs. There are essential items to be considered when making a special needs plan.
Receiving medical care, the quality of that care, your loved one’s education, and where they may live, are all foundational aspects of any special needs plan. These cannot be overlooked and must be clearly documented. These will be the starting point for your special needs lawyer to build the plan.
At times, a person with a disability may be unable to make decisions for themselves, so another person is given the legal power to act on their behalf and in their best interests. Parents of those with a disability have that authority naturally until their children reach an adult age of 18, but for adults with special needs, a guardian should be clearly appointed by a New Jersey court.
Prior to your child turning 18, you would need to apply to the court for guardianship to continue, otherwise you will lose the legal authority to act on their behalf. In the extreme circumstance where you become incapacitated or pass away, you should also have someone else designated to take over as guardian to ensure your loved one has their best interests protected.
Special needs trusts can be very useful when you are providing for your loved one financially or you plan to leave them a financial windfall, or a portion of your estate upon passing. Proper planning ensures that your special needs loved one has a limited or reduced tax liability, protects them within the guidelines of Medicaid eligibility, and protects the funds such that they can only be used based on the guidelines you set forth.
You have to be proactive to make sure your loved one will always have appropriate care. Working with a special needs planning attorney that has the experience, care and compassion to get that done is critical. Contact us today for an initial consultation and planning session so we can start that process for you immediately.
Caring for a loved one that has a disability, or special needs is a serious matter, and you should only settle for an experienced special needs trust attorney to assist in planning and execution. Several types of trusts exist to assist with these special planning challenges. Most common are Support Trusts and Special Needs Trusts.
In order to maintain eligibility for public assistance programs such as SSI, many will elect to use a more effective way to help a loved one with a disability by using a special needs trust.
There are two types of Special Needs Trusts:
The combined experience of our attorneys and staff provide peace of mind for our clients throughout South Jersey as they navigate through Estate Planning, Estate and Trust Administration/ Probate, Guardianships and Elder Law issues such as asset protection and Medicaid Planning.
