Special Needs Planning

Many of us have disabled loved ones with special needs who rely on benefits such as Medicaid and Supplemental Security Income (or SSI).

We don’t want to leave them assets that might stop them from receiving those benefits, but we don’t want to cut them out, either; instead, we want to provide for them after we’re gone while making sure they still receive the help they need.

A Special Needs Trust can allow you to do this.

A Special Needs Trust can be incorporated into your estate plan. This type of trust lets you leave assets to disabled individuals without jeopardizing their benefits. Without this trust, a well-meaning person might leave money to a disabled person and end up causing them to lose their benefits.

If you have a loved one with brain injuries, Down syndrome, cerebral palsy, autism, or any other developmental issue, it’s incredibly important that you make a Special Needs Trust part of your estate plan.

As top special needs planning attorneys with years of experience, we know that people don’t make estate plans for themselves—they make them for their loved ones. Need help protecting your family’s financial future? Contact us online to schedule a consultation. 

All parents worry about their children’s future, but especially parents or guardians of people with special needs. 

When it comes to caring for someone with special needs or disabilities, getting to know their routines, health conditions, abilities and preferences is no small task. If you’ve spent years caring for someone who depends on you, it’s only natural to worry about what would happen if you passed away unexpectedly. 

Of course, it’s not just their quality of care that concerns you, but their financial situation as well. Will they be able to afford the care they deserve? Will they have to go without? These are just a few of the questions you’re probably wrestling with. Here’s the good news: We may be able to give you some peace of mind. 

As a premier estate planning firm in Pensacola, Florida, Medley Law Firm has helped parents and guardians just like you secure their loved ones’ future. Our compassionate special needs planning attorneys can cater an asset protection strategy to your specific situation. Keep reading to learn more. 

At Medley Law Firm, there’s nothing we love more than helping our clients protect their loved ones’ futures. We can help you, too. Getting started is as simple as calling (850) 607-7890 to schedule an evaluation. 

When you care for a special needs child or dependent, you do more planning than the average parent. That isn’t just true for everyday activities and plans; it’s true for estate planning as well.

The reality is that if you have a special needs child, a simple will isn’t going to cut it; there are just too many considerations. However, that doesn’t mean it isn’t doable or worth the extra effort. In fact, you may get tremendous satisfaction out of knowing that even when you’re gone, your loved one will continue to receive top-tier care and support. 

Most parents of special needs children will benefit from setting up something called a special needs trust. This type of trust can hold funds for your loved one without it affecting their eligibility for government programs like Medicaid. As access to healthcare and various programs and therapies is typically an important part of caring for someone with special needs, this is an extremely important feature. 

In addition to funds, you can also leave property in a special needs trust, the assets of which are managed by an appointed trustee. The trust ends when the beneficiary has passed away or when all of the funds have been spent. 

The trustee cannot give money directly to your loved one because doing so could jeopardize their eligibility for government benefits. However, the trustee can use the assets to buy a wide range of goods and services for the special needs beneficiary, including personal care attendants, home furnishings, medical and dental expenses, recreation, education, vehicles, vacations and physical rehab. 

In addition to creating a special needs trust, parents or caregivers of a loved one with special needs may need to establish a guardian for them. That’s because when a child turns 18 in Florida, a parent no longer has authority to handle their affairs, even if they have special needs. By establishing a guardian advocate, a parent can continue to handle the person’s affairs when they are no longer a minor. 

At the end of the day, the more thorough you can be in your estate planning, the more secure you can be in the fact that your special needs child will be taken care of after you pass. However, unless you’re an estate planning expert, trying to account for everything can be a massive challenge. 

Luckily, a special needs planning attorney can bring clarity and precision to the process. With years of experience, the compassionate estate planning specialists at Medley Law Firm are up to the task. We know how overwhelming this process can be, and we’re here to make it easier. 
Ready to ensure your loved one’s future together? Contact us online to schedule a case evaluation or give us a call at (850) 607-7890 to speak to a legal expert today.