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People with Special Needs Estate Planning

Special needs planning

Special needs planning is not just about paperwork and legal documents; it's about securing a meaningful and fulfilling future for your loved one with unique needs.  Download our guide for Special Needs Planning.  

Special Needs Planning Freedom Guide (pdf)

Download

Special (Supplemental) Needs Planning

We currently do not offer special needs planning.

**Why Special Needs Planning Matters**


Special needs planning is not just about paperwork and legal documents; it's about securing a meaningful and fulfilling future for your loved one with unique needs. Here's why special needs planning matters more than you might realize:


**1. Ensuring Continued Care:** As caregivers, we always want the best for our loved ones. Special needs planning ensures that your family member will continue to receive the care they need, even when you're not around. It's a way to safeguard their well-being and comfort.


**2. Preserving Benefits:** Many government assistance programs, like Medicaid and Supplemental Security Income (SSI), are means-tested. Special needs planning helps protect your loved one's eligibility for these vital benefits while enhancing their quality of life with additional resources.


**3. Tailored Solutions:** Every individual with special needs is unique. Special needs planning allows you to create a customized plan that addresses their specific requirements, from medical care to housing, education, and recreation.


**4. Financial Security:** A well-crafted plan ensures that there are sufficient funds to cover medical expenses, therapies, and other essential services throughout your loved one's lifetime.


**5. Peace of Mind:** Life is unpredictable, but special needs planning provides a sense of security. You'll rest easier knowing that you've taken proactive steps to guarantee your loved one's future is taken care of.


**6. Avoiding Legal Hassles:** Without proper planning, your loved one's future might end up in the hands of the court. Special needs planning allows you to make decisions now, so your family can avoid legal complications down the road.


**7. Inclusion and Opportunities:** A solid plan can open doors to programs, services, and opportunities that enhance your loved one's quality of life. It's about promoting their inclusion and enabling them to reach their full potential.


**8. Transition and Continuity:** When you're no longer around, your special needs plan ensures a smooth transition of care and financial management. It provides clear guidance to those who will be responsible for your loved one.


**9. Emotional Well-being:** Knowing that you've taken steps to provide for your loved one's future can alleviate stress and anxiety. It allows you to focus on enjoying the time you have together.


**10. Leaving a Lasting Legacy:** Special needs planning is a testament to your love and commitment. It's a legacy you're creating that will continue to make a positive impact on your loved one's life long into the future.


In essence, special needs planning is about love, care, and securing a bright and meaningful future for your loved one. It's a way to express your dedication and ensure their journey is filled with happiness and opportunity.

Frequently Asked Questions

Please reach us at  if you cannot find an answer to your question.   Remember, every individual's situation is unique, and consulting with an experienced attorney who specializes in special needs estate planning is essential to tailor a plan that best suits your loved one's needs and circumstances.

 Special needs estate planning involves creating a comprehensive plan to provide for the future care and financial security of an individual with special needs. It's essential because it ensures that your loved one continues to receive proper care, access to government benefits, and a high quality of life, even after you're no longer around. 


 A special needs trust is a legal arrangement designed to hold and manage funds for the benefit of an individual with special needs. It's structured in a way that doesn't jeopardize their eligibility for means-tested government benefits. The trust's funds can be used to supplement their needs beyond what government programs cover, enhancing their quality of life while maintaining their eligibility for assistance. 


 Selecting a trustee is a crucial decision. The trustee is responsible for managing the trust's funds and ensuring they're used in the best interests of your loved one. You can choose a family member, a close friend, a professional trustee, or even a corporate trustee. It's important to consider their financial acumen, willingness, and ability to understand and fulfill your loved one's unique needs. 


 A first-party special needs trust, also known as a "self-settled" trust, is funded with the assets of the individual with special needs. A third-party special needs trust, on the other hand, is established and funded by someone other than the individual with special needs. The primary distinction is that first-party trusts require Medicaid reimbursement after the beneficiary's passing, whereas third-party trusts generally do not. 


 Yes, proper special needs planning is designed to protect your loved one's eligibility for government benefits. Without careful planning, a large inheritance or gift could result in the loss of these critical benefits. Special needs trusts are specifically structured to prevent this from happening, allowing your loved one to benefit from both the trust's resources and government assistance programs. 



Copyright © 2023 Law Office of Tanika L. Finney - All Rights Reserved.


 Disclaimer:   

The  information you obtain at this site is not, nor is it intended to be,  legal advice. You should consult an attorney for advice regarding your  individual situation. We invite you to contact us and welcome your  calls, letters and electronic mail. Contacting us does not create an  attorney-client relationship. Please do not send any confidential  information to us until such time as an attorney-client relationship has  been established.  Click Here for a full disclaimer.

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