Special Needs planning is holistic planning for the entire needs of an individual with a disability. If you currently provide care for a loved one with special needs (such as mental or physical disabilities), you need to think about what may happen to him or her when you are no longer able to help them because your too sick or die.
While you can certainly plan for them to receive money and assets upon your passing, you do not want to do it in a way the special needs loved one cannot receive their essential benefits such as Supplemental Security Income (SSI) and Medicaid. If you do not leave them any assets, the benefits provided by these and other programs are generally limited to the bare necessities such as food, housing and clothing. As you can imagine, these limited benefits will not provide the resources that would allow your loved one to enjoy a richer quality of life. Fortunately, the government has established rules allowing assets of the individual with special needs to be held in trust, called a “Special Needs Trust” or “Supplemental Needs Trust” without your loved one losing their SSI and Medicaid benefits. But certain legal requirements must be followed for your loved one to benefit.
Our law firm can help you set up a Special Needs Trust so that your loved one continues to eligible for government benefits, and still have assets to meet his or supplemental needs (i.e., those that go beyond food and shelter limits, and the medical and long term support and services of Medicaid). Special Needs Trusts are a critical component of your estate plan if you have disabled loved ones that need care and assistance after you die. Contact us I hope you’ll take the next step and meet with us. We always make time to sit down with folks who want to learn more about what we do. We can help, so call us at 727-712-1710. We look forward to meeting you! Kevin |