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Estate planning is an important and often stressful endeavor. Our mission is to give you the resources so it doesn’t have to be. Below are the most important areas of special needs estate planning. For a free planning appointment schedule here.
A special needs trust is the trust you need if you have a child with a disability. The main purpose of a special needs trust (SNT) is to provide financial support for the individual’s needs without risking their eligibility for government benefits, such as Supplemental Security Income (SSI) or Medicaid eligibility.
The trust is typically established by a parent, grandparent, or legal guardian for the individual with special needs. Then assets are placed into the trust to be managed by a dedicated trustee. The trustee is responsible for using the assets to provide for the individual’s supplemental needs, which are expenses beyond what government benefits cover, such as education, rehabilitation, travel, entertainment, or special medical care.
A first-party Special Needs Trust is a trust that is used when the person with a disability who is receiving government benefits such as SSI comes into money in their own name. This can happen as a result of a lawsuit where the person with a disability receives a settlement from a lawsuit, or inherits money in their own name. this type of trust can be used to Allow a person who has Assets in their own name and then becomes disabled to qualify for SSI or other governmental benefits. The first party Special Needs Trust is authorized under 42 U.S.C. § 1396p(d)(4)(A).
The special needs letter of intent is a document that you would store with your will, special needs trust, and other important legal documents in your estate plan. It will act as an instruction manual for someone who is supporting your special needs child after you are gone.
The purpose of the letter of intent is to make sure whoever is now supporting your child with a disability, understands your vision for the child, as well as your child’s vision for their future. This ensures, your vision, for the child will continue after you are gone. The letter of intent will contain important contact information for your child, i.e. family members, friends, doctors, neighbors, care providers, and every other person important to your child’s life, including names, addresses, and phone numbers. It should also contain things like your childs government benefits (social security & special education) and hobbies and other interests that are important to your childs future. You should also include religious and holiday traditions that are important to your child.
A healthcare proxy allows someone to act for you and make medical decisions if you are not able to. It also allows someone to speak to your doctors and get medical records for you.
When someone with an intellectual or developmental disability, turns 18 they are a legal adult. If they are under a guardianship, the guardian can make healthcare decisions for them and access their medical records. It is not always necessary for someone with special needs to be under our guardianship. If they are not under a guardianship, they should issue a healthcare proxy to whoever they would like us to assist them with healthcare decisions. This will allow their healthcare proxy to access their medical records as well as have conversations with their doctors.
The Power of Attorney (POA) allows another person who you name in the POA to act for you in anyway that you legally can do for yourself.. For example, it will allow them to access your bank accounts, buy and sell real estate in your name, deal on your behalf with the Social Security Administration of the Internal Revenue Service, and even write a will for you.
This is the most important document that you can create. Everyone over the age of 18 should have a Power of Attorney. It is more likely that you will need a POA, long before you need a will.
When a student turns 18, they are legally an adult, and can their own life. You as a parent legally no longer have any say over your adult child’s life. If the student has disabilities, however, they may not be ready to make all the necessary adult decisions. A student who does great academically may still not be able to talk with faculty advisers, decide a schedule or navigate the maze of financial aid.
For students with disabilities who are receiving special education services the Power of attorney for education allows a parent to continue to work with a special education department after the student reaches the age of 18. Once the student reaches the age of 18 the parent is no longer, in many states available to make decisions for them concerning Special Education Services.
I am a special needs planning attorney and an expert in Special Needs Trusts and have been practicing disability law for more than 20 years. I am the father of an adult son with Down syndrome, so I know the challenges that families face when trying to provide a future for all their children. So if you are looking for an attorney for special needs planning, look no further. After years of the practice of law, I thought the best way to give back would be to provide special needs estate planning resources and documents for families with a child with special needs in an easy and affordable way. That is why I created this 501(c)(3) nonprofit corporation to provide families with an affordable way to protect their loved ones. Visit our planning resource center now by clicking here or set up a free appointment with me by clicking here!
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