Special Needs Planning

WHEN MIGHT I NEED PROBATE SERVICES?

• A Parents With Mentally or Physically Disabled Children:  How can you ensure no gap between government assistance and true needs?
• Parents with Financially Irresponsible Children:  How can you financially protect your troubled child from themselves or others as a consequence of drugs, gambling or other poor decision making?
• Loved One Who Has Relationships You Don’t Trust:  How can you protect your loved one from a significant other that may not have your loved one’s best interests in mind?
• Disabled Person Who Inherits Assets Or Receives A Settlement: How can you ensure that such funds will not impact ability to receive government assistance? How can you ensure that the funds will be used for the benefit of the disabled beneficiary? Will the assets go to the government after the death of the special needs recipient?
• Elderly Disabled:  Is an elderly loved one disabled now or likely to become disabled in the future? How can special needs planning and estate planning be integrated in such a situation?
• Those with Special Needs Beneficiaries: May include parents, grandparents, godparents, etc. Do your estate planning documents take into consideration the best way to provide for the disabled beneficiary?

THE SPECIAL NEEDS PLANNING PROCESS

The special needs planning process includes:

• REvaluating the situation and analyzing options
• ​Preserving assets while qualifying for government assistance
• Properly drafted Special Needs Trust (a.k.a Supplemental Needs Trusts) and other related documents
• Laying the foundation for the disability to avoid a fight later
• ​Naming a legal guardian
• Special Needs Instructions

ADMINISTERING SPECIAL NEEDS TRUSTS

Administration of a special needs trust includes the following:

• Invest assets
• Required tax filings
• Disbursements according to written trust agreement
• We can serve as trustee and carry out trust administration duties
• If a family member or friend is named trustee, we can represent the trustee guiding them through the administration process

OTHER SPECIAL NEEDS PLANNING SERVICES

Other special needs planning services include:

• ​Laying the foundation for the disability to avoid a fight later
• Searching out and qualifying for all available government benefits
• Obtaining guardianship of an individual