Special Needs Planning

Get the Help You or Your Loved One Needs

Sadly, many families have a family member who has a medical or physical issue that requires assistance from the government. For those who receive benefits, the thought of losing the benefit is extremely frightening; likewise, many parents are afraid they may cause their children to lose benefits through their estate plan. Therefore, they decide the best thing to do is to exclude them. The fact is there are ways to help families leave a legacy behind for that person without causing them to lose their government benefits. We can help with this.

 

For parents of disabled children, the role is one that is in combination with other care providers. It is not uncommon to meet with social workers, doctors, teachers, etc. The attorney is just another member of the team. The attorney is there to make sure the care plan that you come up with is funded (or backed up) with a trust or other investment that can ensure the level of care is provided. The following is a brief list of what we go over during our plan.

Our List of Questions We Ask

  • Type of care you provide? THIS SHOULD BE DETAILED! If you journal, this is where it pays off!
  • Who would you recommend to replace you?
  • Residence…can they maintain the house you are leaving them? If not, where do they go?
  • Who will pay for the property left behind and the daily expenses they will incur?
  • Where will the money be held?
  • Would a team approach help?
  • What type of quality of life/fun are you attempting to pay for?
  • Would you agree to a portion of your estate paying for an upgrade in housing to a person helping take care of your child?
  • Should that person be paid?
  • Type of care you provide? THIS SHOULD BE DETAILED! If you journal, this is where it pays off!
  • Who would you recommend to replace you?
  • Residence…can they maintain the house you are leaving them? If not, where do they go?
  • Who will pay for the property left behind and the daily expenses they will incur?
  • Where will the money be held?
  • Would a team approach help?
  • What type of quality of life/fun are you attempting to pay for?
  • Would you agree to a portion of your estate paying for an upgrade in housing to a person helping take care of your child?
  • Should that person be paid?

SNT Administration

A Special Needs Trust (SNT) must not only be properly drafted and funded but also properly administrated. Improper distributions from a properly drafted and funded SNT can result in the loss of public benefits for the beneficiary of the trust.

Reach Out Today!

Regardless of whether you are a parent or an Uncle, if you are planning on leaving something to a person with special needs, you need to bring this issue up to your attorney. Call us today at 850-434-8500 in Pensacola, FL.

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